TENNESSEE
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
The civil SOL for CSA, trafficking, and CSAM claims against all defendants is age 33 with a 3-year discovery rule.
CIVIL SOL SNAPSHOT
AGE CAP |
CSA: Age 33 Trafficking: Age 33 CSAM: Age 33 |
REVIVAL LAW |
None |
DISCOVERY TOLLING |
3 years |
Civil SOL History
Age Cap |
|
2002 |
Age 19 under general torts SOL.[i] |
2019 |
Extended to age 33 (age of majority, 18 plus 15 years) under CSA SOL, including for trafficking and CSAM.[ii] |
Revival Law |
|
N/A |
No window or other SOL revival law. |
Discovery |
|
Common Law |
There is a common law discovery rule in Tennessee that runs from when the victim discovers the injury “or when in the exercise of reasonable care and diligence” should have discovered the injury.[iii] However, that rule has not been successfully applied in cases of CSA.[iv] |
Statutory |
In 2016, Tennessee created a statutory discovery rule of 3 years, triggered by the victim’s connection of the injury to their abuse.[v] In the statute, Tennessee clarified that mere knowledge of abuse is not enough to trigger the SOL; instead, discovery requires that “an injured person becomes aware that the injury or illness was caused by CSA.”[vi] The discovery rule applies to perpetrators and institutions, but it is unsettled whether it applies to the government.[vii] |
[i] Tenn. Code Ann. § 28-3-104 (2002) (torts SOL).
[ii] Id. at § 28-3-116 (2019) (CSA SOL).
[iii] Potts v. Celotex Corp., 796 S.W.2d 678, 680 (Tenn. 1990).
[iv] Hunter v. Brown, 955 S.W.2d 49, 51 (Tenn. 1997); Doe v. Catholic Bishop for Diocese of Memphis, 306 S.W.3d 712, 728 (Tenn. Ct. App. 2008); Doe v. Coffee Cty. Bd. of Educ., 852 S.W.2d 899, 904 (Tenn. Ct. App. 1992).
[v] Tenn. Code Ann. § 28-3-116(b)(2)(B) (2021).
[vi] Id. at § 28-3-116(a)(2) (2021).
[vii] Id. at § 28-3-116(e) (2021).
CURRENT TENNESSEE CIVIL LAW
Tenn. Code Ann. § 28-3-116 - Child sexual abuse
(a) As used in this section, unless the context otherwise requires:
(1)“Child sexual abuse” means any act set out in § 37-1-602(a)(3), that occurred when the victim was a minor;
(2)“Discovery” means when the injured person becomes aware that the injury or illness was caused by child sexual abuse. Discovery that the injury or illness was caused by child sexual abuse shall not be deemed to have occurred solely by virtue of the injured person’s awareness, knowledge, or memory of the acts of abuse;
(3) “Injury or illness” means either a physical injury or illness or a psychological injury or illness; and
(4) “Minor” means a person under eighteen (18) years of age.
(b) Notwithstanding § 28-3-104, a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor, but was not discovered at the time of the abuse, shall be brought within three (3) years from the time of discovery of the abuse by the injured person
(1)For child sexual abuse that occurred before July 1, 2019, but was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person; or
(2) For child sexual abuse that occurred on or after July 1, 2019, within the later of:
(A) Fifteen (15) years from the date the person becomes eighteen (18) years of age; or
(B) If the injury or illness was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person.
(c) A person bringing an action under this section need not establish or prove:
(1) Which act in a series of continuing child sexual abuse incidents by the alleged perpetrator caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same alleged perpetrator which is part of a common scheme or pattern of child sexual abuse; or
(2) That the injured person psychologically repressed the memory of the facts upon which the claim is predicated.
(d) In an action brought under this section, the knowledge of a parent or guardian shall not be imputed to a minor.
(e) Notwithstanding subsection (b), in no event shall an action under this section be brought against the alleged perpetrator of the child sexual abuse or against the estate of such alleged perpetrator after the perpetrator’s death later than twenty-five (25) years from the date the child becomes eighteen (18) years of age. If the action is brought more than one (1) year from the date the injured person attains the age of majority, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.
Tenn. Code Ann. § 28-3-104 - Torts; persons
(a)(1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued:
(A) Actions for libel, injuries to the person, false imprisonment, malicious prosecution, or breach of marriage promise;
(B) Civil actions for compensatory or punitive damages, or both, brought under the federal civil rights statutes; and
(C) Actions for statutory penalties.
(2) A cause of action listed in subdivision (a)(1) shall be commenced within two (2) years after the cause of action accrued, if:
(A) Criminal charges are brought against any person alleged to have caused or contributed to the injury;
(B) The conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one (1) year by:
(i) A law enforcement officer;
(ii) A district attorney general; or
(iii) A grand jury; and
(C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.
(3) This subsection (a) shall be strictly construed.
(b) For the purpose of this section, in products liability cases:
(1) The cause of action for injury to the person shall accrue on the date of the personal injury, not the date of the negligence or the sale of a product;
(2) No person shall be deprived of the right to maintain a cause of action until one (1) year from the date of the injury; and
(3) Under no circumstances shall the cause of action be barred before the person sustains an injury.
(c)(1) Actions and suits against licensed public accountants, certified public accountants, or attorneys for malpractice shall be commenced within one (1) year after the cause of action accrued, whether the action or suit is grounded or based in contract or tort.
(2) In no event shall any action or suit against a licensed public accountant, certified public accountant or attorney be brought more than five (5) years after the date on which the act or omission occurred, except where there is fraudulent concealment on the part of the defendant, in which case the action or suit shall be commenced within one (1) year after discovery that the cause of action exists.
(d) Any action to recover damages against a real estate appraiser arising out of the appraiser’s real estate appraisal activity shall be brought within one (1) year from a person’s discovery of the act or omission giving rise to the action, but in no event shall an action to recover damages against a real estate appraiser be brought more than five (5) years after the date the appraisal was conducted.
Case law
C.S. v. Diocese of Nashville, No. M2007-02076-COA-R3-CV, 2008 Tenn. App. LEXIS 582, 9, 2008 WL 4426891 (Tenn. Ct. App. Sept. 30, 2008).
Redwing v. Catholic Bishop for the Diocese of Memphis, 363 S.W.3d 436, 459, 2012 Tenn. LEXIS 143, 54-55 (Tenn. 2012).
CURRENT CRIMINAL SOL
There is no SOL for all CSA felonies and many misdemeanors, including trafficking and CSAM, but admissible and credible evidence corroborating the charges is required where a victim is now over age 43, was abused between ages 13 and 17, and did not report the abuse.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
CSA |
NO SOL |
TRAFFICKING |
NO SOL |
CSAM |
NO SOL |
Criminal SOL History
Age Cap |
|
2002 |
No SOL for offenses punishable by death or life imprisonment, and for other felonies it was age 21 or 4 years from the offense, whichever is later.[i] |
2006 |
Extended the SOL for rape, sexual battery, and incest to age 43.[ii] |
2007 |
Extended the SOL for more CSA crimes to age 43.[iii] |
2012 |
Extended the SOL for child pornography and sexual exploitation to age 43.[iv] |
2013 |
Extended the SOL for crimes of child sex trafficking and sexual exploitation to age 33, and patronizing and promoting prostitution to age 28.[v] |
2014 |
Eliminated the SOL for rape if it was reported within 3 years of the crime.[vi] |
2015 |
Extended the SOL for promoting prostitution to age 43.[vii] |
2016 |
Extended the criminal SOL for aggravated statutory rape to age 33.[viii] |
2019 |
Eliminated the criminal SOL for all CSA felonies and many misdemeanors, including trafficking and CSAM, with an evidentiary limitation that admissible and credible evidence corroborating the charges is required where a victim is now over age 43, was abused between ages 13-17, and did not report the abuse.[ix] |
2021 |
Broadened its criminal SOL elimination for felony sex trafficking of minors by removing the applicable evidentiary limitations for prosecution.[x] |
[i] Tenn. Code Ann. § 40-2-101 (2002) (felonies).
[ii] Id. (2006) (felonies).
[iii] Id. (2007) (felonies).
[iv] Id. (2012) (felonies).
[v] Id. (2013) (felonies).
[vi] Id. (2014) (felonies).
[vii] Id. (2015) (felonies).
[viii] Id. (2016) (felonies).
[ix] Id. (2019) (felonies).
[x] Id. (2021) (felonies); 2021 Tenn. Pub. Acts Ch. 363 (S.B. 1115).
CURRENT TENNESSEE CRIMINAL LAW
Tenn. Code Ann. § 40-2-101 - Felonies
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Tennessee SOL in a particular case, contact a lawyer in the state.
Last Updated: December 5, 2023