Vermont § 522 - Actions based on childhood sexual or physical abuse

§ 522. Actions based on childhood sexual or physical abuse

• (a) A civil action brought by any person for recovery of damages for injury suffered as
  a result of childhood sexual or physical abuse may be commenced at any time after
  the act alleged to have caused the injury or condition. The victim need not establish
  which act in a series of continuing physical abuse or sexual abuse or exploitation
  incidents caused the injury. (b) If a complaint is filed alleging an act of childhood sexual or physical abuse, the
  complaint shall immediately be sealed by the clerk of the court. The complaint shall
  remain sealed until the answer is served or, if the defendant files a motion to dismiss
  under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on
  that motion. If the complaint is dismissed, the complaint and any related papers or
  pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss
  shall be in camera. (c) As used in this section: (1) “Childhood sexual abuse” means any act committed by the defendant against a complainant
  who was under 18 years of age at the time of the act and which act would have constituted
  a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious
  conduct with a child, felony sexual exploitation of a minor in violation of 13 V.S.A. § 3258(c), sexual assault, or aggravated sexual assault in effect at the time the act was committed. (2) “Childhood physical abuse” means any act other than an attempt committed by the defendant
  against a complainant who was under 18 years of age at the time of the act and which
  act would have constituted a violation of a statute prohibiting aggravated assault
  in effect at the time the act was committed. (d) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood sexual abuse that occurred prior
  to July 1, 2019, irrespective of any statute of limitations in effect at the time
  the abuse occurred. In an action based on childhood sexual abuse that would have been
  barred by any statute of limitations in effect on June 30, 2019, damages may be awarded
  against an entity that employed, supervised, or had responsibility for the person
  allegedly committing the sexual abuse only if there is a finding of gross negligence
  on the part of the entity. (e) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood physical abuse that occurred
  prior to July 1, 2021, irrespective of any statute of limitations in effect at the
  time the abuse occurred. In an action based on childhood physical abuse that would
  have been barred by any statute of limitations in effect on June 30, 2021, damages
  may be awarded against an entity that employed, supervised, or had responsibility
  for the person allegedly committing the physical abuse only if there is a finding
  of gross negligence on the part of the entity. (Added 1989, No. 292 (Adj. Sess.), § 2; amended 2019, No. 37, § 1; 2021, No. 26, § 1.)