Tennessee § 28-3-116 - Action for injury or illness based on child sexual abuse.

§ 28-3-116. Action for injury or illness based on child sexual abuse.

As used in this section, unless the context otherwise requires: “Child sexual abuse” means any act set out in § 37-1-602(a)(3), that occurred when the victim was a minor; “Discovery” means when the injured person becomes aware that the injury or illness was caused by child sexual abuse. Discovery that the injury or illness was caused by child sexual abuse shall not be deemed to have occurred solely by virtue of the injured person's awareness, knowledge, or memory of the acts of abuse; “Injury or illness” means either a physical injury or illness or a psychological injury or illness; and “Minor” means a person under eighteen (18) years of age. Notwithstanding § 28-3-104, a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor must be brought: For child sexual abuse that occurred before July 1, 2019, but was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person; or For child sexual abuse that occurred on or after July 1, 2019, within the later of: Fifteen (15) years from the date the person becomes eighteen (18) years of age; or If the injury or illness was not discovered at the time of the abuse, within three (3) years from the time of discovery of the abuse by the injured person. A person bringing an action under this section need not establish or prove: Which act in a series of continuing child sexual abuse incidents by the alleged perpetrator caused the injury or illness complained of, but may compute the date of discovery from the date of discovery of the last act by the same alleged perpetrator which is part of a common scheme or pattern of child sexual abuse; or That the injured person psychologically repressed the memory of the facts upon which the claim is predicated. In an action brought under this section, the knowledge of a parent or guardian shall not be imputed to a minor. If an action is brought against someone other than the alleged perpetrator of the child sexual abuse, and if the action is brought more than one (1) year from the date the injured person attains the age of majority, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator. Acts 2016, ch. 737, § 1; 2019, ch. 499, §§ 1, 2. Compiler's Notes. Acts 2016, ch. 737, § 2 provided that the act, which added this code section, shall take effect April 7, 2016, and shall apply to all actions pending on such date as well as all actions commenced on or after such date. Amendments. The 2019 amendment rewrote (b) which read, “(b) Notwithstanding § 28-3-104 , a civil action for an injury or illness based on child sexual abuse that occurred when the injured person was a minor, but was not discovered at the time of the abuse, shall be brought within three (3) years from the time of discovery of the abuse by the injured person.” and rewrote (e) which read, “(e) Notwithstanding subsection (b), in no event shall an action under this section be brought against the alleged perpetrator of the child sexual abuse or against the estate of such alleged perpetrator after the perpetrator's death later than seven (7) years from the date the child becomes eighteen (18) years of age. If the action is brought more than one (1) year from the date the injured person attains the age of majority, the injured person must offer admissible and credible evidence corroborating the claim of abuse by the alleged perpetrator.” Effective Dates. Acts 2019, ch. 499, § 10. July 1, 2019.