Summary
The Arizona Supreme Court determined that in cases involving childhood sexual abuse and claims of repressed memory, two specific legal questions must be decided by a jury. These questions are: when a legal claim begins under the discovery rule, and whether mental inability paused the time limit for filing the lawsuit.
Summary
The Arizona Supreme Court determined that in cases involving childhood sexual abuse and claims of repressed memory, two key issues must be decided by a jury. These issues are when a legal claim begins under the discovery rule and whether mental incapacity paused the time limit for filing the lawsuit.
Summary
The Arizona Supreme Court decided that in cases of childhood sexual abuse, when a person claims to have repressed memories of the abuse, two main points must be decided by a jury. First, the jury must determine when the legal claim officially began under what is called the "discovery rule." This rule considers when the person first became aware of the abuse. Second, the jury must also decide if the person's mental state prevented them from taking legal action sooner, which could pause the time limit for filing a lawsuit.
Summary
The Arizona Supreme Court decided that juries should answer two questions in cases about childhood sexual abuse. These questions come up when someone says they forgot the abuse for a long time. First, the jury needs to figure out when the person first remembered enough to make a legal claim. Second, the jury needs to decide if the person's mental state kept them from reporting the abuse sooner.