Sexual Abuse and the Statute of Limitations

We are petitioning the Michigan Supreme Court right now.  We represent an individual who was sexually abused by his uncle, 41 years older, during his childhood.  Through intimidation, the abuse was kept secret from his parents.  By the time he sorted out his feelings and sought legal help, he had turned 19.  Defendant asserted that the claim was barred by the two-year statute of limitations for assault and battery.  We contend that the statute of limitations was tolled—the clock was stopped—during the entire nine years of his childhood this was kept secret from his parents.   We rely on a Michigan statute that the limitations period is tolled if the defendant fraudulently conceals the claim. 

We have already received some relief from the Michigan Court of Appeals, reversing the trial court.  That court properly recognized that the trial court actually shrunk the statute of limitations because of his youth, which was error.  Read the opinion of the Court of Appeals.  But we’re pressing on.  Read our brief to the Michigan Supreme Court.

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Last modified:

 02/24/09.