Tolling the Statute of Limitations when Sexual Abuse is Alleged

On August 27, 2012, in Doe v. Defendant Doe 1 (California Courts of Appeal – 2nd District, No. B233498), the court held that notice must be provided to run the statute of limitations where the defendant paid for the plaintiff's therapy sessions. In this case, the plaintiff was sexually molested by a parish priest in 1987 and 1988. Knowing this information, the defendant urged the plaintiff to obtain counseling, which the defendant paid for.

The defendant unsuccessfully argued that the payments for counseling started the run of the statute of limitations. The court held against this argument in light that the plaintiff never received any written notification that payment for counseling would run the statute of limitations. For that reason, the plaintiff successfully tolled the statute of limitations and was allowed to bring the present cause of action.

If you have suffered sexual abuse, please do not hesitate to contact a Orange County attorney.

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