CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
The current SOL for child sex abuse crimes in Kansas is age 21 against all defendants with a limited discovery rule.
CIVIL SOL SNAPSHOT
Changes Since 2002:
Age Cap: The civil SOL in Kansas has been age 21 (age of majority, 18, plus 3 years) since 1992.
Discovery: Kansas does not recognize a common law discovery rule, though it has had discovery statutes 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. In 1992, Kansas adopted a broader discovery rule statute for child sex abuse 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. Though this statutory discovery rule removes the upper 10-year limit, child sex abuse claims that were already barred before it went into effect in 1992 do not benefit from this broader discovery statute. It is not well settled which types of defendants are subject to the discovery statute, but claims have been asserted pursuant to it against perpetrators, institutions, individuals, and the government in Kansas.
Revival Law: Kansas has not passed a window or other SOL revival legislation.
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.
CURRENT CRIMINAL SOL
There is currently no criminal SOL in Kansas for felony rape and aggravated sodomy, an SOL of age 28 for other felonies, and 5 years from commission for misdemeanors, with a limited DNA rule.
CRIMINAL SOL SNAPSHOT
|NO SOL||Kan. Stat. Ann. § 21-5107(a)
|NO SOL||Kan. Stat. Ann. § 21-5107(a)|
OTHER SEXUALLY VIOLENT CRIMES
|AGE 28||Kan. Stat. Ann. § 21-5107(c)|
|5 YEARS AFTER CRIME||Kan. Stat. Ann. § 21-5107(d)|
SEXUALLY VIOLENT CRIMES
|1 YEAR AFTER IDENTIFICATION||Kan. Stat. Ann. § 21-5107 (c)(2)
Changes Since 2002:
The criminal SOL in Kansas in 2002 varied depending on the crime or was 1 year after the date the perpetrator was identified via DNA testing. In 2012, it added a majority tolling provision, so the SOL would not begin to run until the victim turned 18, with an age cap of 28 for prosecution. In 2013, Kansas eliminated the SOL for felony rape and aggravated sodomy and extended the SOL for other 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. The SOL for misdemeanors is five years after the crime occurs.
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.
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: April 21, 2021