600.5851b Court action by minor victim of criminal sexual conduct; exception to period of limitations; right to bring action under MCL 600.5851; "adjudication" and "crimi

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600.5851b Court action by minor victim of criminal sexual conduct; exception to period of limitations; right to bring action under MCL 600.5851; "adjudication" and "criminal sexual conduct" defined.

Sec. 5851b.

(1)Notwithstanding sections 5805 and 5851, an individual who, while a minor, is the victim of criminal sexual conduct may commence an action to recover damages sustained because of the criminal sexual conduct at any time before whichever of the following is later:

(a)The individual reaches the age of 28 years.

(b)Three years after the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual's injury and the causal relationship between the injury and the criminal sexual conduct.

(2)For purposes of subsection (1), it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the conduct or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication.

(3)Regardless of any period of limitation under subsection

(1)or sections 5805 or 5851, an individual who, while a minor, was the victim of criminal sexual conduct after December 31, 1996 but before 2 years before the effective date of the amendatory act that added this section may commence an action to recover damages sustained because of the criminal sexual conduct within 90 days after the effective date of the amendatory act that added this section if the person alleged to have committed the criminal sexual conduct was convicted of criminal sexual conduct against any person under section 520b of the Michigan penal code, 1931 PA 328, MCL 750.520b, and the defendant admitted either of the following:

(a)That the defendant was in a position of authority over the victim as the victim's physician and used that authority to coerce the victim to submit.

(b)That the defendant engaged in purported medical treatment or examination of the victim in a manner that is, or for purposes that are, medically recognized as unethical or unacceptable.

(4)This section does not limit an individual's right to bring an action under section 5851.

(5)As used in this section:

(a)"Adjudication" means that term as defined in section 5805.

(b)"Criminal sexual conduct" means that term as defined in section 5805.

History: Add. 2018, Act 183 , Imd. Eff. June 12, 2018