Kentucky Statutes 413.2485 – Action relating to injury to or illness of an adult as a result of a sexual offense
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “injury or illness” means either a physical or psychological injury or illness.
(2) A civil action for recovery of damages for an injury or illness suffered as a result of an act or series of acts against a person eighteen (18) years old or older that meets the criteria of KRS § 510.040, 510.050, 510.060, 510.070,
510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves commercial sexual activity, 529.110 where the offense involves commercial sexual activity, 530.020, 531.090, or 531.100, shall be brought before whichever of the following periods last expires:
(a) Within five (5) years of the act or the last of a series of acts by the same perpetrator;
(b) Within five (5) years of the date the victim knew, or should have known, of the act;
(c) Within five (5) years upon knowledge or identity of the perpetrator; or
(d) Within five (5) years of the conviction of a civil defendant for KRS
510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110,
510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves commercial sexual activity, 529.110 where the offense involves commercial sexual activity, 530.020, 531.090, or 531.100.
(3) No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action under this section for redress of an injury or illness.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 114, sec. 1, effective June 29, 2017.
(2) A civil action for recovery of damages for an injury or illness suffered as a result of an act or series of acts against a person eighteen (18) years old or older that meets the criteria of KRS § 510.040, 510.050, 510.060, 510.070,
Terms Used In Kentucky Statutes 413.2485
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves commercial sexual activity, 529.110 where the offense involves commercial sexual activity, 530.020, 531.090, or 531.100, shall be brought before whichever of the following periods last expires:
(a) Within five (5) years of the act or the last of a series of acts by the same perpetrator;
(b) Within five (5) years of the date the victim knew, or should have known, of the act;
(c) Within five (5) years upon knowledge or identity of the perpetrator; or
(d) Within five (5) years of the conviction of a civil defendant for KRS
510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110,
510.120, 510.130, 510.140, 510.150, 529.100 where the offense involves commercial sexual activity, 529.110 where the offense involves commercial sexual activity, 530.020, 531.090, or 531.100.
(3) No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action under this section for redress of an injury or illness.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 114, sec. 1, effective June 29, 2017.