In general, existing law requires a civil action to recover damages for injuries arising from the wrongful act of another person to be commenced within 2 years after the date on which the wrongful act occurred. (NRS 11.190) Existing law exempts certain civil actions from this requirement, including a civil action to recover damages for sexual abuse or sexual exploitation, if the sexual abuse or exploitation occurred when the plaintiff was less than 18 years of age. For purposes of this exemption, existing law defines sexual abuse to include sexual assault. Therefore, under existing law, a civil action to recover damages for a sexual assault that occurred when the plaintiff was less than 18 years of age may be commenced at any time after the sexual assault occurred. (NRS 11.215) Section 2 of this bill similarly exempts a civil action to recover damages for a sexual assault that occurred when the plaintiff was 18 years of age or older from the generally applicable 2-year statute of limitation prescribed by existing law. Section 1 of this bill provides that a civil action to recover damages for a sexual assault that occurred when the plaintiff was 18 years of age or older may be commenced at any time after the sexual assault occurred. Section 3 of this bill provides that the changes in this bill apply retroactively to any act constituting sexual assault that occurred when the plaintiff was 18 years of age or older for which a person would be liable, even if the statute of limitations that was in effect at the time of the act has expired, which means that a civil action that would otherwise be time-barred by the former statute of limitations is revived by this bill.

Statutes affected:
As Introduced: 11.190
As Enrolled: 11.190