Skip to main content

Delaware Code Title 10. Courts and Judicial Procedure § 8145. Civil suits for damages based upon sexual abuse of a minor by an adult

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(a) A cause of action based upon the sexual abuse of a minor by an adult may be filed in the Superior Court of this State at any time following the commission of the act or acts that constituted the sexual abuse.  A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that would constitute a criminal offense under the Delaware Code.

(b) For a period of 2 years following July 9, 2007, victims of child sexual abuse that occurred in this State who have been barred from filing suit against their abusers by virtue of the expiration of the former civil statute of limitations, shall be permitted to file those claims in the Superior Court of this State.  If the person committing the act of sexual abuse against a minor was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owned a duty of care to the victim, or the accused and the minor were engaged in some activity over which the legal entity had some degree of responsibility or control, damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.

(c) A person against whom a suit is filed may recover attorneys’ fees where the Court determines that a false accusation was made with no basis in fact and with malicious intent.  A verdict in favor of the accused shall not be the sole basis for a determination that an accusation was false.  The Court must make an independent finding of an improper motive to award attorneys' fees under this section.

Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 8145. Civil suits for damages based upon sexual abuse of a minor by an adult - last updated January 01, 2019 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-8145.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard