Repressed Memory In Sexual Abuse Cases

Steve Klearman

Attorney
(866) 735-1102 Ext 535

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This is the first in a series of articles that deal with claims for sexual abuse under Nevada law.

Nevada has laws that protect victims of sexual molestation. Unfortunately, sexual molestation cases often arise in the home, in schools and colleges, at churches and in other environments in which one should be safe from such conduct.

Nevada recognizes that many individuals are molested when they are very young. In recent years a great deal of research has been done on the issue of repressed memory. Children and young adults may not remember being molested until late in their life. For this reason, Nevada statutes provide, at NRS 11.215, that young victims of sexual abuse have many years, under certain circumstances, to bring claims.

Nevada's "repressed memory" statute of limitations provides:

NRS 11.215  

1. Except as otherwise provided in NRS 217.007, an action to recover damages for an injury to a   
    person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than  
    18 years of age must be commenced within 10 years after the plaintiff:
   (a) Reaches 18 years of age; or
   (b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse,
          whichever occurs later.

2.  As used in this section, "sexual abuse" has the meaning ascribed to it in NRS 432B.100.