103 Iowa L. Rev. 1843 (2018)

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Abstract

Civil actions based on childhood sexual abuse ("CSA"), like all other actions in tort, are subject to fixed limitations periods. A substantial majority of states apply the discovery rule to actions based on CSA, putatively as a tolling mechanism for plaintiffs who reasonably failed to discover their causes of action within the limitations period. In these states, judges often dismiss actions based on CSA after deciding that the plaintiff failed to exercise reasonable diligence and discover his or her action sooner. This Note argues that imposing a traditional standard of reasonable diligence to dispose of CSA cases as a matter of law is a mistake in view of CSA's unique impact on its victims and the complex factual and legal allegations that typify CSA litigation. This Note contends that a jury is in a much better position to judge the reasonableness of a CSA survivor's discovery of his or her action, and proposes legislative and judicial reform to preserve such questions for the trier of fact.