(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 req uired 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, c onsolidated 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 pla intiff, 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 compla int 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 re main 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 als o 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 commu nications 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, an d 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 interpretatio n 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 limita tions 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.
‹ Prev All Kentucky sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.