§ 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.)