2023 Wisconsin Statutes & Annotations
Chapter 893 - Limitations of commencement of actions and proceedings; procedure for claims against governmental units.
893.587 - Sexual assault of a child; limitation.
893.587 Sexual assault of a child; limitation. An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.
History: 1987 a. 332; 2001 a. 16; 2003 a. 279; 2005 a. 155, 277; 2007 a. 97.
A victim's action was time barred when “flashbacks" more than two years prior to commencing suit made the victim aware of incest that allegedly occurred more than 50 years earlier. The action was barred despite evidence that the victim was unable to shift the blame from herself at the time of discovery. Byrne v. Bercker, 176 Wis. 2d 1037, 501 N.W.2d 402 (1993).
An adult victim of incest, who at the time of the incestuous act was aware of the identity of the tortfeasor and the impropriety of the conduct, did not qualify for tolling of the statute of limitations under the discovery rule because the victim was unaware of the psychological harm that might occur. Cheryl D. v. Estate of Robert D.B., 207 Wis. 2d 548, 559 N.W.2d 272 (Ct. App. 1996), 95-3510.
Claims for injury caused by an archdiocese's alleged fraudulent misrepresentation that the archdiocese did not know that priests it assigned had histories of sexually abusing children and did not know the priests were dangerous to children were not barred by this section. None of the listed statutes in this section refers to fraudulent misrepresentations. Doe v. Archdiocese of Milwaukee, 2007 WI 95, 303 Wis. 2d 34, 734 N.W.2d 827, 05-1945.
This section contains no language either limiting the theory of liability under which an injured party may proceed in seeking damages, or limiting its applicability only to actions against the person whose acts were cause-in-fact of the injury for which damages are sought. This section applies to any action for damages for injuries caused by acts that constitute violations of the enumerated statutes “committed by anyone," and regardless of whether the action brought is one of negligent hiring and supervision against the actor's employer. Fleming v. Amateur Athletic Union of the United States, Inc., 2022 WI App 46, 404 Wis. 2d 377, 979 N.W.2d 614, 21-1054.
