KRS § 413.249 — KY Code / Title XXXVI / Chapter 413 / Section 413.249
413.249 Action relating to childhood sexual abuse or childhood sexual assault
Status: in_force

413.249 Action relating to childhood sexual abuse or childhood sexual assault.

(1) As used in this section:

(a) "Childhood sexual assault or abuse" means an act or series of acts against a

person less than eighteen (18) years old and which meets the criteria defining

a misdemeanor or felony in:

1. KRS Chapter 510;

2. KRS 529.040 when the defendant advances or profits from the

prostitution of a minor;

3. KRS 529.100 when the offense involves commercial sexual activity;

4. KRS 529.110 when the offense involves commercial sexual activity;

5. KRS 530.020 or 530.064(1)(a);

6. KRS Chapter 531 involving a minor or depiction of a minor; or

7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit

any of the offenses described in subparagraphs 1. to 6. of this paragraph.

No prior criminal prosecution or conviction of the civil defendant for the act

or series of acts shall be required to bring a civil action for redress of

childhood sexual assault or abuse;

(b) "Entity" means a firm, partnership, company, corporation, trustee, association,

or any private or public entity, including the Commonwealth, a city, county,

urban-county, consolidated local government, unified local government, or

charter county government, or any of their agencies, departments, or any KRS

58.180 nonprofit nonstock corporation; and

(c) "Injury or illness" means either a physical or psychological injury or illness.

(2) A civil action for recovery of damages for injury or illness suffered as a result of

childhood sexual assault or abuse shall be brought within ten (10) years after the

victim attains the age of eighteen (18) years.

(3) The time period set forth in subsection (2) of this section shall apply to a civil

action for recovery of damages for injury or illness against:

(a) A person alleged to have committed the act of childhood sexual assault or

abuse; or

(b) An entity that owed a duty of care to the plaintiff, where a wrongful or

negligent act by an employee, officer, director, official, volunteer,

representative, or agent of the entity was a legal cause of the childhood sexual

assault or abuse that resulted in the injury to the plaintiff.

(4) The complaint shall be accompanied by a motion to seal the record and the

complaint shall immediately be sealed by the clerk of the court. The complaint shall

remain sealed until:

(a) The court rules upon the motion to seal;

(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is

dismissed, the complaint and any related papers or pleadings shall remain

sealed unless opened by a higher court; or

(c) The defendant files an answer and a motion to seal the record upon grounds

that a valid factual defense exists, to be raised in a motion for summary

judgment pursuant to CR 56. The record shall remain sealed by the clerk until

the court rules upon the defendant's motion to close the record. If the court

grants the motion to close, the record shall remain sealed until the defendant's

motion for summary judgment is granted. The complaint, motions, and other

related papers or pleadings shall remain sealed unless opened by a higher

court.

(5) A victim of childhood sexual assault or abuse shall not have a cause of action

against a third party, unless the third party failed to act as a reasonable person or

entity in complying with their duties to the victim.

(6) (a) Neither the husband-wife nor any professional-client/patient privilege, except

the attorney-client and clergy-penitent privilege, shall be a ground for

excluding evidence regarding childhood sexual assault or abuse or the cause

thereof when an exception to the Kentucky Rules of Evidence is met, in any

judicial proceeding. This subsection shall also apply in any criminal

proceeding in District or Circuit Court regarding childhood sexual assault or

abuse.

(b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is

limited to information received solely through confidential communications

with a clergy member, privately or in a confessional setting, when in the

course of the discipline or practice of the clergy member's church,

denomination, or organization, he or she is authorized or accustomed to

hearing those communications, and under the discipline, tenets, customs, or

practices of his or her church, denomination, or organization, has a duty to

keep those communications secret.

(7) (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, the

General Assembly hereby states that the amendments enacted in 2017 Ky.

Acts ch. 114, sec. 2 shall be applied retroactively to actions accruing before its

effective date of June 29, 2017. This section is a remedial statute which is to

be given the most liberal interpretation to provide remedies for victims of

childhood sexual assault or abuse.

(b) Notwithstanding any provision of law to the contrary, any claim for childhood

sexual assault or abuse that was barred as of March 23, 2021, because the

applicable statute of limitations had expired is hereby revived, and the action

may be brought if commenced within five (5) years of the date on which the

applicable statute of limitations expired.