2015 New Hampshire Revised Statutes
Title LXII - CRIMINAL CODE
Chapter 632-A - SEXUAL ASSAULT AND RELATED OFFENSES
Section 632-A:10-c - Limitations on Civil Actions.
632-A:10-c Limitations on Civil Actions.
I. In this section "victim'' means a person alleging to have been subjected to aggravated felonious sexual assault as defined in RSA 632-A:2, felonious sexual assault, as defined in RSA 632-A:3 or sexual assault as defined in RSA 632-A:4. The term "victim'' shall include the parent, guardian, or custodian of such person if the person is less than 18 years of age or if the person is mentally incapable of meaningfully understanding or participating in the legal process.
II. Neither the defendant in an aggravated felonious sexual assault, felonious sexual assault or a sexual assault case nor the parent or legal guardian of such defendant shall commence or maintain a civil action against a victim of the crime for which the defendant is charged if both of the following circumstances exist:
(a) The criminal action is pending in a trial court of this state, of another state, or of the United States.
(b) The civil action is based upon statements or reports made by the victim that pertain to an incident from which the criminal action is derived.
III. The court shall dismiss without prejudice a civil action commenced or maintained in violation of paragraph II.
IV. The period of limitations for the bringing of a civil action described in paragraph II is tolled for the period of time during which the criminal action is pending in a trial court of this state, or another state, or of the United States.
V. This section shall not apply:
(a) If the victim files a civil action based upon an incident from which the criminal action is derived against the defendant in the criminal action; or
(b) The court determines that there are reasonable grounds to believe that the delay would be prejudicial to the interest of justice.
Source. 1993, 356:1, eff. Aug. 5, 1993.
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