2025 Session Last amended: 2021 session

§ 541.073 — Actions for Damages Due to Sexual Abuse; Special Provisions

Plain-Language Summary

Victims of sexual abuse may sue for damages within 6 years if the victim was an adult. If the victim was a minor (under 18), there is no time limit for filing a civil lawsuit against the abuser. Claims against employers or organizations for vicarious liability must be filed within 6 years or before the victim turns 24, whichever applies.

541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL PROVISIONS.

Subdivision 1.Definition.

As used in this section:

(1) “sexual abuse” means conduct described in sections 609.342 to 609.3451 and 609.3458; and

(2) “person” includes a natural person, corporation, limited liability company, partnership, organization, association, or other entity. §

Subd. 2.Limitations period.

(a) An action for damages based on sexual abuse: (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.

(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.

(c) This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15. §

Subd. 3.Applicability.

This section applies to an action for damages commenced against a person who was a cause of the plaintiff’s damages either by (1) committing sexual abuse against the plaintiff, or (2) negligence. §

Subd. 4.Vicarious liability or respondeat superior claims.

A claim for vicarious liability or liability under the doctrine of respondeat superior must be commenced within six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years of age. This subdivision does not limit the availability of these claims under other law. §

Subd. 5.Title.

This section may be cited as the “Child Victims Act.”

History:

1989 c 190 s 2; 1991 c 232 s 1; 2013 c 89 s 1; 1Sp2021 c 11 art 4 s 31

History: History: 1989 c 190 s 2; 1991 c 232 s 1; 2013 c 89 s 1; 1Sp2021 c 11 art 4 s 31

Practical Notes

When this applies: When a victim of sexual abuse wants to file a civil lawsuit for damages against the abuser or a negligent third party. Who this affects: Victims of sexual abuse, the accused, and organizations that may be vicariously liable. Key points: Adult victims have 6 years from the date of the abuse to file suit. Child victims (abused before age 18) may file at any time with no deadline, which is a significant expansion of victims’ rights. If the abuser was under 14 years old at the time, the claim must be filed before the plaintiff turns 24. For vicarious liability claims against employers or organizations, the deadline is 6 years or before the plaintiff turns 24 if abused as a minor. The plaintiff does not need to prove which specific act in a series of ongoing abuse caused the injury. This section is also known as the Child Victims Act.

Source: Minnesota Office of the Revisor of Statutes