NCJ Number
134011
Journal
Washington University Law Quarterly Volume: 68 Issue: 4 Dated: (Fall 1990) Pages: 995-1020
Date Published
1990
Length
26 pages
Annotation
Although women are beginning to break the silence that surrounds incest by using traditional tort theories to seek civil damages for physical and emotional abuse, most States' statute of limitations pose a major obstacle to the successful conclusion of such lawsuit.
Abstract
This author argues that women victims lack an adequate remedy for the harm caused by the incestuous acts of their fathers. This article discusses the prevalence of incest in American society and outlines the societal attitudes, family relations, and individual defense mechanisms that make it difficult for victims to file suit within the statutory time period. The discovery rule, which delays the start of statutory limitations may be applied to cases involving women with repressed memories of their abuse as well as those involving women who remember their abuse. Since 1986, several States have enacted legislation governing the time period in which victims of childhood sexual abuse can bring civil suits against their abusers. The author concludes that, because courts are reluctant to apply the discovery rule in some cases, legislation is required to give incest victims an opportunity to seek civil damages. 164 notes