MISSOURI

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

CHILD USA has diligently tracked SOL Reform in all 50 states for years! We have the answer to your state-specific SOL questions. Our Legal team has compiled your go-to resource book to get started on your SOL legal research, available in e-book or hard cover versions.

When you add CHILD USA’s CSA SOL History Treatise to our 2024 SOL Tracker, you have robust research to back up your investigation into the SOL for each client.

CURRENT CIVIL SOL

The civil SOL for CSA, trafficking, and CSAM claims is age 31 against perpetrators, and age twenty-six against other defendants, with a discovery rule.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: Age 31

Trafficking: Age 31

CSAM: Age 31

REVIVAL LAW

None

DISCOVERY TOLLING

3 years against perpetrator (statutory)

5 years against all defendants (common law)

CURRENT MISSOURI CIVIL LAW

Mo. Rev. Stat. § 537.046. - Childhood sexual abuse, injuries or illness defined--action for damages may be brought, when

1. As used in this section, the following terms mean:

(1) “Childhood sexual abuse”, any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of eighteen years and which act would have been a violation of section 566.030, 566.040, 566.050, 566.060, 566.070, 566.080, 566.090, 566.100, 566.110, or 566.120, or section 568.020;

(2) “Injury” or “illness”, either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness.

2.Any action to recover damages from injury or illness caused by childhood sexual abuse in an action brought pursuant to this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs.

3. This section shall apply to any action commenced on or after August 28, 2004, including any action which would have been barred by the application of the statute of limitation applicable prior to that date.

Mo. Rev. Stat. § 537.047 - Civil action for damages authorized, sexual and pornographic offenses involving a minor--statute of limitations

1. Any person who, while a child or minor as defined by section 573.010, was a victim of a violation of sections 573.023, 573.025, 573.035, or 573.037, and who suffers physical or psychological injury or illness as a result of such violation, shall be entitled to bring a civil action to recover the actual damages sustained as a result of the violation, and shall also be entitled to recover the costs of the civil action and reasonable fees for attorneys and expert witnesses. A psychological injury or illness as described under this section need not be accompanied by physical injury or illness.

2. Any action described under this section shall be commenced within ten years of the plaintiff attaining the age of twenty-one, or within three years of the date the plaintiff discovers that the injury or illness was caused by the violation of an offense enumerated in subsection 1 of this section, whichever later occurs.

3. A cause of action under this section may arise only if the violation that caused the injury occurs on or after August 28, 2007.

Mo. Rev. Stat. § 516.120(4) - What actions within five years

Within five years:

(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;

(2) An action upon a liability created by a statute other than a penalty or forfeiture;

(3) An action for trespass on real estate;

(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.

Mo. Rev. Stat. § 516.170 - May delay filing of action, when

Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.

Case law

Powel v. Chaminade Coll. Preparatory, Inc., 197 S.W.3d 576, 584 (Mo. 2006) (recognizing common law discovery rule applies to repressed memories of abuse), as modified on denial of reh’g (Aug. 22, 2006).

Dempsey v. Johnston, 299 S.W.3d 704, 706 (Mo. Ct. App. 2009) (common law discovery rule inapplicable where “Plaintiff always remembered what had happened to him and knew it was wrong” even though he did not know of his resulting injuries).

State ex rel. Heart of Am. Council v. McKenzie, 484 S.W.3d 320, 322 (Mo. 2016) (Finding that childhood sexual abuse statute § 537.046 does not apply to claims against non-perpetrator defendants.).

Doe v. Roman Catholic Diocese of Jefferson City, 862 S.W.2d 338, 339 (Mo. 1993). (While the legislature sought to apply the new SOL in § 537.046 even to claims that would have been expired already, the Missouri Supreme Court held that the revival provisions “contravene the [Missouri] constitutional prohibition against retrospective laws.”) 

 

CURRENT CRIMINAL SOL

CSA: There is no SOL for felony and misdemeanor CSA offenses.

Trafficking: There is no SOL for trafficking.

CSAM: There is no SOL for CSAM violations.

CRIMINAL SOL SNAPSHOT

 

CSA

No SOL

TRAFFICKING

No SOL

CSAM

No SOL

CURRENT MISSOURI CRIMINAL LAW

Mo. Rev. Stat. § 556.037 - Time limitations for prosecutions for sexual offenses involving a person under eighteen

1. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under may be commenced at any time.

2. For purposes of this section, “sexual offenses” include, but are not limited to, all offenses for which registration is required under sections 589.400 to 589.425.

Case Law

Doe v. Roman Catholic Diocese of Jefferson City, 862 S.W.2d 338, 339 (Mo. 1993) While the legislature sought to apply the new SOL even to claims that would have been expired already, the Missouri Supreme Court held that the revival provisions “contravene the [Missouri] constitutional prohibition against retrospective laws.”

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

Last Updated: December 4, 2023