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Vermont has a six-year statute of limitations for actions based on "childhood sexual abuse," starting from either the date "of the act alleged to have caused the injury or condition" or "the time the victim discovered that the injury or condition was caused by that act." According to the court ruling, because Lewis turned 18 in 2005, the statute of limitations ran out in 2011, and she did not file her lawsuit until 2014."Lewis does not refer to specific dates she sustained or discovered her injuries in her complaint and does not allege how she discovered her injuries. and that Defendants were responsible for the injuries and conditions," wrote Judge J. A cause of action is generally deemed to accrue at the earliest point at which a plaintiff discovers an injury and its possible cause."Murtha noted that "a reasonable factfinder," such as a juror, could conclude that the statute of limitations began ticking when she was 9, when she first revealed the alleged abuse to a family member, or even in her teens, when she told friends about it."Lewis had sufficient information to put a reasonable person on notice that True may have been liable for her injuries: she knew she was sexually abused by True and she knew she suffered flashbacks of the abuse during sexual activity during her teens," wrote Murtha.
She merely alleges that 'prior to [her] fifth birthday ... touched [her] ...' [w]ithin the six years predating the filing of this Complaint, [she] discovered that the injuries and conditions as to which she complains herein were caused by the childhood sexual abuse . "Lewis does not allege suppression of the memory of the abuse, and admits she suffered intense depression during her teen years, but asserts she did not receive effective counseling to help her understand that she had been impacted.
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