{"data":{"id":"us-ky/krs-413.249","jurisdiction":"us-ky","citation":"KRS 413.249","heading":"Action relating to childhood sexual abuse or childhood sexual assault.","body":"(1) As used in this section:\n(a) \"Childhood sexual assault or abuse\" means an act or series of acts against a\nperson less than eighteen (18) years old and which meets the criteria defining\na misdemeanor or felony in:\n1. KRS Chapter 510;\n2. KRS 529.040 when the defendant advances or profits from the\nprostitution of a minor;\n3. KRS 529.100 when the offense involves commercial sexual activity;\n4. KRS 529.110 when the offense involves commercial sexual activity;\n5. KRS 530.020 or 530.064(1)(a);\n6. KRS Chapter 531 involving a minor or depiction of a minor; or\n7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit\nany of the offenses described in subparagraphs 1. to 6. of this paragraph.\nNo prior criminal prosecution or conviction of the civil defendant for the act\nor series of acts shall be req uired to bring a civil action for redress of\nchildhood sexual assault or abuse;\n(b) \"Entity\" means a firm, partnership, company, corporation, trustee, association,\nor any private or public entity, including the Commonwealth, a city, county,\nurban-county, c onsolidated local government, unified local government, or\ncharter county government, or any of their agencies, departments, or any KRS\n58.180 nonprofit nonstock corporation; and\n(c) \"Injury or illness\" means either a physical or psychological injury or illness.\n(2) A civil action for recovery of damages for injury or illness suffered as a result of\nchildhood sexual assault or abuse shall be brought within ten (10) years after the\nvictim attains the age of eighteen (18) years.\n(3) The time period set forth in subsection (2) of this section shall apply to a civil\naction for recovery of damages for injury or illness against:\n(a) A person alleged to have committed the act of childhood sexual assault or\nabuse; or\n(b) An entity that owed a duty of care to the pla intiff, where a wrongful or\nnegligent act by an employee, officer, director, official, volunteer,\nrepresentative, or agent of the entity was a legal cause of the childhood sexual\nassault or abuse that resulted in the injury to the plaintiff.\n(4) The compla int shall be accompanied by a motion to seal the record and the\ncomplaint shall immediately be sealed by the clerk of the court. The complaint shall\nremain sealed until:\n(a) The court rules upon the motion to seal;\n(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is\ndismissed, the complaint and any related papers or pleadings shall remain\nsealed unless opened by a higher court; or\n(c) The defendant files an answer and a motion to seal the record upon grounds\nthat a valid factual defense exists, to be raised in a motion for summary\njudgment pursuant to CR 56. The record shall remain sealed by the clerk until\nthe court rules upon the defendant's motion to close the record. If the court\ngrants the motion to close, the record shall re main sealed until the defendant's\nmotion for summary judgment is granted. The complaint, motions, and other\nrelated papers or pleadings shall remain sealed unless opened by a higher\ncourt.\n(5) A victim of childhood sexual assault or abuse shall not have a cause of action\nagainst a third party, unless the third party failed to act as a reasonable person or\nentity in complying with their duties to the victim.\n(6) (a) Neither the husband-wife nor any professional -client/patient privilege, except\nthe attorney -client and clergy -penitent privilege, shall be a ground for\nexcluding evidence regarding childhood sexual assault or abuse or the cause\nthereof when an exception to the Kentucky Rules of Evidence is met, in any\njudicial proceeding. This subsection shall als o apply in any criminal\nproceeding in District or Circuit Court regarding childhood sexual assault or\nabuse.\n(b) As used in paragraph (a) of this subsection, the clergy -penitent privilege is\nlimited to information received solely through confidential commu nications\nwith a clergy member, privately or in a confessional setting, when in the\ncourse of the discipline or practice of the clergy member's church,\ndenomination, or organization, he or she is authorized or accustomed to\nhearing those communications, an d under the discipline, tenets, customs, or\npractices of his or her church, denomination, or organization, has a duty to\nkeep those communications secret.\n(7) (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, the\nGeneral Assembly hereby states that the amendments enacted in 2017 Ky.\nActs ch. 114, sec. 2 shall be applied retroactively to actions accruing before its\neffective date of June 29, 2017. This section is a remedial statute which is to\nbe given the most liberal interpretatio n to provide remedies for victims of\nchildhood sexual assault or abuse.\n(b) Notwithstanding any provision of law to the contrary, any claim for childhood\nsexual assault or abuse that was barred as of March 23, 2021, because the\napplicable statute of limita tions had expired is hereby revived, and the action\nmay be brought if commenced within five (5) years of the date on which the\napplicable statute of limitations expired.","path":["KRS Chapter 413"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54987","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:36Z","sha256":"e12afc9e6ceadc0c9072d7bc6183ee66560ee082a25c9e025cebe4435fb64ac8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-413.2485","next":"us-ky/krs-413.250"},"notice":"GroundRules: Original legal text. Not legal advice."}