(a) The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionally dependent upon the therapist, and the patient knew or should have known that sexual misconduct by a therapist is unprofessional and harmful to the patient.
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Terms Used In Tennessee Code 29-26-208

  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Patient: means a person who has obtained therapy from a therapist. See Tennessee Code 29-26-203
  • Sexual misconduct: means any of the following, regardless of the consent of the patient:
    (i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification. See Tennessee Code 29-26-203
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Therapist: means any person who performs therapy regardless of whether the person is licensed by the state. See Tennessee Code 29-26-203
  • Therapy: includes , but is not limited to, marital counseling, substance abuse treatment, and family counseling. See Tennessee Code 29-26-203
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) Except as provided in subsection (c), no such action shall be brought more than three (3) years after the date of the last communication of any kind between the therapist and the patient.
(c) Where the sexual misconduct involves a minor, the statute of limitations shall be one (1) year after the minor’s eighteenth birthday, except that where subsection (a) or (b) would provide for a longer time in which to bring a claim, the provision that provides the longest time in which to bring a claim applies.
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