The Supreme Court issued a decision on July 17, 2006, that spells victory for the firm’s client, David Doe, a victim of sexual assault by a Norwich Archdiocese priest at the tender age of 9.  Mr. Doe, who was born July 16, 1953, alleged that between 1962 and 1963, a Roman Catholic priest sexually assaulted and battered him by engaging in various sexual misconduct.  The alleged abuse occurred while the priest was supervising and chaperoning minor parishioners at events on parish and Diocese premises.  Mr. Doe filed suit against the Diocese on September 13, 2002, and on April 29, 2005, the court entered summary judgment for the Diocese on the grounds that Mr. Doe’s lawsuit was not timely filed because it had not been filed within 30 years of the date Mr. Doe attained the age of 18.

On appeal to the Supreme Court, Kenny, O’Keefe & Usseglio, P.C. attorney, Karen Clark, argued that the 30 year limitation period within which to commence Mr. Doe’s claim did not begin to run on Mr. Doe’s 18^th birthday as found by the trial court, but rather began to run on October 1, 1972, the date the legislature reduced the age of majority from 21 to 18 and the date that Mr. Doe actually attained the age of majority under Connecticut law.  Attorney Clark argued that it simply was not logical nor in accord with the plain language of the relevant statutes to retroactively impose age 18 as Mr. Doe’s age of majority.  The Supreme Court agreed concluding that General Statutes §52-577d’s requirement that a minor victim of sexual abuse commence his/her action within “thirty years from the date such person attains the age of majority” requires the victim to commence his/her action within 30 years of the date the victim actually attained the age of majority---not from the victim’s 18^th birthday.  Accordingly, Mr. Doe’s lawsuit was deemed timely and he will now be afforded the right to continue his lawsuit against the Archdiocese.

This Supreme Court decision will enable those individuals who had the fate of being between the ages of 18 and 20 when the legislature reduced the age of majority, to have the full 30 years intended by the legislature to commence their actions.  While the decision may only have a direct effect on a finite group of individuals who were between the ages of 18 and 20 when the age of majority was reduced, the decision is good news to all victims of minor sexual abuse as it reveals that Connecticut’s Supreme Court will continue to expansively interpret the limitation period applicable to such claims as was intended by the legislature so that alleged victims of childhood sexual assault will have extra time to bring a civil action to seek a redress for their trauma.

If you have been the victim of sexual abuse, you may have some very important legal rights.  If you wish to discuss a potential claim, please contact us in confidence by using the Case Evaluation Form or e-mail us directly at tokeefe@kou-law.com.