Arizona Extends Childhood Sexual Abuse Statute of Limitations

On May 27, 2019, Arizona’s Governor Doug Ducey signed House Bill 2466 into law. The new law extends from two (2) to twelve (12) years the amount of time a survivor of childhood sexual abuse has to bring a claim against the abuser and any responsible institution. Simply stated, a survivor of childhood sexual abuse will have until attaining the age of 30 to bring a civil claim for monetary damages.

HB 2466 also provides a “window of time” within which a survivor of childhood sexual abuse whose claim is currently time–barred can bring that claim against the abuser. The “window” also resurrects time–barred claims against “any person who was not the perpetrator of the sexual conduct or sexual contact if that person knew or otherwise had actual notice of any misconduct that created an unreasonable risk of sexual conduct or sexual contact with a minor by an employee, volunteer, representative or agent of that person.” The “window of time” closes on December 31, 2020.

However, the new law creates two disincentives to use the “window of time” pathway. It requires that the survivor who brings an otherwise time–barred claim using this “window of time” has the burden of proving the claim by clear and convincing evidence, a higher standard of proof than the normal “more likely than not” standard. It also provides that a survivor is not entitled to punitive damages for such a claim that is successful.