KANSAS

CHILD SEX ABUSE SOLs

CURRENT CIVIL SOL

Summary: The civil SOL for CSA crimes is age twenty-one against all defendants with a limited discovery rule. 

CIVIL SOL SNAPSHOT

AGE CAP

AGE 21

REVIVAL LAW

NONE

DISCOVERY TOLLING

3 YEARS

 

Changes Since 2002:

Age Cap

1992

Age 21 (age of majority, 18, plus 3 years).[i]

 

Revival Law

N/A

No window or other SOL revival law.

 

Discovery

Common Law

No common law discovery rule for CSA.[ii]

Statutory

Kansas has had a discovery statute in effect for decades. An accrual statute provided that the 2-year personal injury SOL did not begin to run “until the fact of injury becomes reasonably ascertainable to the injured party” but no later than 10 years after the abuse.[iii]  In 1992, Kansas adopted a broader discovery rule statute for CSA claims, giving victims “three years from the date the person discovers or reasonably should have discovered that the injury or illness was caused by childhood sexual abuse” to file a claim.[iv]  Though this statutory discovery rule removes the upper 10-year limit, CSA claims that occurred before July 1, 1984 do not benefit.[v]  The discovery rule is applicable to claims against all types of defendants.[vi] 

 
[i] Kan. Stat. Ann. § 60-523(a) (1992) (SOL). See H.B. v. M.J., 508 P.3d 368, 376 (Kan. 2022) (holding CSA SOL also applicable to claims against non-perpetrators).
[ii] State v. Bentley, 721 P.2d 227, 230 (Kan. 1986) (declining to toll the SOLs where child victim alleged concealment by the abuser, stating, “[t]hreats . . . keep child victims from reporting sexual offenses. They are commonplace. . . . Therefore, the practical effect . . . would be to extend the SOLs beyond its stated two-year period in nearly every case of this nature.”). 
[iii] Doe v. St. Benedict’s Abbey, 189 P.3d 580 (Kan. Ct. App. 2008) (quoting Kan. Stat. Ann. section 60–523)).
[iv] Kan. Stat. Ann. § 60-523.
[v] Doe H.B. v. M.J., 482 P.3d 596, 605–06 (Kan. Ct. App. 2021) (reiterating that the “exception found in Kan. Stat. Ann. section 60-523 has no application to a cause of action that has already been abolished by the application of the statute of repose”) (quoting Popravak, supra note 355 (citing Ripley v. Tolbert, 921 P.2d, 1210, 1215–16 (Kan. 1996)) review granted (Apr. 23, 2021), aff’d sub nom. H.B. v. M.J., 508 P.3d 368 (Kan. 2022)).
[vi] See H.B. v. M.J., 508 P.3d at 375–77 (ruling CSA discovery statute is applicable to claims against all types of defendants); Cosgrove v. Kansas Dept. of Soc. and Rehab. Serv.s, 332 Fed. Appx. 463 (10th Cir. 2009) (determining that claim against state department and foster parents pursuant to discovery statutes survives motion to dismiss); Clark v. Blue Valley Unified Sch. Dist. No. 229, No. 12-CV-2538, 2013 WL 3867532, at *1 (D. Kan. July 25, 2013) (discussing applicability of section 60-515(a) to claims against non-perpetrators).

CURRENT KANSAS CIVIL LAW

Kan. Stat. Ann. § 60-523 - Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse

(a) No action for recovery of damages suffered as a result of childhood sexual abuse shall be commenced more than three years after the date the person attains 18 years of age or more than three years from the date the person discovers or reasonably should have discovered that the injury or illness was caused by childhood sexual abuse, whichever occurs later.

(b) As used in this section:

(1) “Injury or illness” includes psychological injury or illness, whether or not accompanied by physical injury or illness.

(2) “Childhood sexual abuse” includes any act committed against the person which act occurred when the person was under the age of 18 years and which act would have been a violation of any of the following:

(A) Indecent liberties with a child as defined in K.S.A. 21-3503, prior to its repeal, or subsection (a) of K.S.A. 21-5506, and amendments thereto;

(B) aggravated indecent liberties with a child as defined in K.S.A. 21-3504, prior to its repeal, or subsection (b) of K.S.A. 21-5506, and amendments thereto;

(C) aggravated criminal sodomy as defined in K.S.A. 21-3506, prior to its repeal, or subsection (b) of K.S.A. 21-5504, and amendments thereto;

(D) enticement of a child as defined in K.S.A. 21-3509, prior to its repeal;

(E) indecent solicitation of a child as defined in K.S.A. 21-3510, prior to its repeal, or subsection (a) of K.S.A. 21-5508, and amendments thereto;

(F) aggravated indecent solicitation of a child as defined in K.S.A. 21-3511, prior to its repeal, or subsection (b) of K.S.A. 21-5508, and amendments thereto;

(G) sexual exploitation of a child as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto; or (H) aggravated incest as defined in K.S.A. 21-3603, prior to its repeal, or subsection (b) of K.S.A. 21-5604, and amendments thereto; or any prior laws of this state of similar effect at the time the act was committed.

(c) Discovery that the injury or illness was caused by childhood sexual abuse shall not be deemed to have occurred solely by virtue of the person’s awareness, knowledge or memory of the acts of abuse. The person need not establish which act in a series of continuing sexual abuse incidents 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 perpetrator which is a part of a common scheme or plan of sexual abuse.

(d) This section shall be applicable to:

(1) Any action commenced on or after July 1, 1992, including any action which would be barred by application of the period of limitation applicable prior to July 1, 1992;

(2) any action commenced prior to July 1, 1992, and pending on July 1, 1992.

Case law

CURRENT CRIMINAL SOL

Summary: There is no criminal SOL for felony rape and aggravated sodomy, an SOL of age twenty-eight for sexually violent felonies, including trafficking, and five years from commission for other felonies and misdemeanors, with a limited DNA rule.

CRIMINAL SOL SNAPSHOT

FELONY RAPE

NO SOL

AGGRAVATED HUMAN TRAFFICKING

AGE 28

 

Changes Since 2002:

Age Cap

2002

The criminal SOL in Kansas for CSA crimes varied depending on the crime or was 1 year after the date the perpetrator was identified via DNA testing.[i]  Any remaining felony or misdemeanor crimes had an SOL of 5 years after the offense.[ii]

2012

Added a majority tolling provision for sexually violent crimes, so the applicable SOLs would not begin to run until victims turned 18.[iii]

2013

Eliminated the SOL for felony rape and aggravated sodomy and extended the SOL for other sexually violent crimes to age 28 (age of majority, 18, plus 10 years) or 1 year after the perpetrator is identified via DNA testing, whichever is later.[iv] 

 
[i] Kan. Stat. Ann. § 21-5107(a) (2002) (no SOL), 21-5107(c) (2002) (DNA), 21-5107(e) (2002) (tolling provisions), 21-5107(f) (2002) (when offense committed).
[ii] Kan. Stat. Ann. § 21-5107(a) (2002) (no SOL), 21-5107(c) (2002) (DNA), 21-5107(d) (2002) (5-year SOL), and 21-5107(e) (2002) (tolling provisions).
[iii] Kan. Stat. Ann. § 21-5107(e) (2012) (tolling provisions) & 22–3717 (2012) (listing sexually violent crimes).
[iv] Kan. Stat. Ann. § 21-5107(a) (2013) (no SOL) and 21-5107(e) (2013) (tolling provisions).

CURRENT KANSAS CRIMINAL LAW

Kan. Stat. Ann. § 21-5107 - Time limitations for commencement of prosecution

(a) A prosecution for rape, aggravated criminal sodomy, murder, terrorism or illegal use of weapons of mass destruction may be commenced at any time.

(b) Except as provided in subsection (e), a prosecution for any crime shall be commenced within 10 years after its commission if the victim is the Kansas public employees retirement system.

(c) Except as provided in subsection (e), a prosecution for a sexually violent crime as defined in K.S.A. 22-3717, and amendments thereto:

(1) When the victim is 18 years of age or older shall be commenced within 10 years or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later; or

(2) when the victim is under 18 years of age shall be commenced within 10 years of the date the victim turns 18 years of age or one year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

(d) Except as provided by subsection (e), a prosecution for any crime, as defined in K.S.A. 21-5102, and amendments thereto, not governed by subsection (a), (b) or (c) shall be commenced within five years after it is committed.

(e) The period within which a prosecution shall be commenced shall not include any period in which:

(1) The accused is absent from the state;

(2) the accused is concealed within the state so that process cannot be served upon the accused;

(3) the fact of the crime is concealed;

(4) a prosecution is pending against the defendant for the same conduct, even if the indictment or information which commences the prosecution is quashed or the proceedings thereon are set aside, or are reversed on appeal;

(5) an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it as to any criminal conduct defined as a violation of any of the provisions of article 41 of chapter 25 and article 2 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto, which may be discovered as a result thereof regardless of who obtains the order of restraint; or

(6) whether the fact of the crime is concealed by the active act or conduct of the accused, there is substantially competent evidence to believe two or more of the following factors are present:

(A) The victim was a child under 15 years of age at the time of the crime;

(B) the victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime;

(C) the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and

(D) there is substantially competent expert testimony indicating the victim psychologically repressed such witness’ memory of the fact of the crime, and in the expert’s professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information but in no event may a prosecution be commenced as provided in subsection (e)(6) later than the date the victim turns 28 years of age. Corroborating evidence may include, but is not limited to, evidence the defendant committed similar acts against other persons or evidence of contemporaneous physical manifestations of the crime.

(f) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing offense plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed.

(g) A prosecution is commenced when a complaint or information is filed, or an indictment returned, and a warrant thereon is delivered to the sheriff or other officer for execution. No such prosecution shall be deemed to have been commenced if the warrant so issued is not executed without unreasonable delay.

(h) As used in this section, “parent or other legal authority” shall include, but not be limited to, natural and stepparents, grandparents, aunts, uncles or siblings.

Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the Kansas SOL in a particular case, contact a lawyer in the state.

Last Updated: June 28, 2022

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