The Discovery Rule and Father-Daughter Incest: A Legislative Response

Abstract

This note analyzes the nature of incestuous abuse claims and the impact of statutes of limitation on these claims. In particular, Section I discusses the incestuous abuse problem. Section II then examines the purposes underlying statutes of limitation," including the justifications for tolling the statutory period, the discovery rule, and the rule's application in both intentional and negligent tort actions. Section III considers the impact of statutes of limitation on civil incest suits and the current legislative response to the incestuous abuse problem. Section IV analyzes the need for civil remedies for incest and examines the strict application of statutes of limitations to civil incest suits in light of the delayed emergence of incest-related harm. Finally, this note concludes that because statutes of limitation render civil remedies ineffective, legislatures must extend statutorily the limitations period for incest claims. To this end, this note proposes a Model Civil Incest Act, which recognizes that the incestuous abuse claim is unique and balances the plaintiff's right to sue against the defendant's right to timely presentation of claims.