S-0876.1 _______________________________________________
SENATE BILL 5463
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State of Washington 55th Legislature 1997 Regular Session
By Senators Kohl, Long, Fairley, McAuliffe, Kline and Winsley
Read first time 01/27/97. Referred to Committee on Law & Justice.
AN ACT Relating to protecting the developmentally disabled; adding a new section to chapter 4.16 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that members of the developmentally disabled community are in need of special protection against sexual abuse. The legislature finds that the developmentally disabled victim of sexual abuse may: Repress the memory of the abuse or be unable to connect the abuse to any injury until after the statute of limitations has run; be unable to understand or make the connection between sexual abuse and emotional harm or damage until many years after the abuse occurs; or be aware of some injuries related to the sexual abuse, but not discover more serious injuries until many years later.
The legislature therefore intends to extend the period of time under which a developmentally disabled person may seek recovery of damages for injuries suffered as a result of sexual abuse.
NEW SECTION. Sec. 2. A new section is added to chapter 4.16 RCW to read as follows:
(1) All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of sexual abuse of a developmentally disabled person shall be commenced within the later of the following periods:
(a) Within five years of the act alleged to have caused the injury or condition;
(b) Within five years of the time the victim discovered that the injury or condition was caused by the act; or
(c) Within five years of the time the victim discovered that the act caused the injury for which the claim is brought.
(2) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator that is part of a common scheme or plan of sexual abuse or exploitation.
(3) The knowledge of a custodial parent or guardian shall not be imputed to a developmentally disabled person.
(4) For purposes of this section, "developmentally disabled" means a person with a developmental disability as defined in RCW 71A.10.020.
(5) As used in this section, "sexual abuse" means any act committed by the defendant against a complainant who was developmentally disabled at the time of the act and which act would have been a violation of chapter 9A.44 RCW at the time the act was committed.
NEW SECTION. Sec. 3. This act applies to all causes of action commenced on or after the effective date of this act, regardless of when the cause of action may have arisen. To this extent this act applies retrospectively.
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