Ky. Rev. Stat. » Chapter 413
Kentucky Revised Statutes

Ky. Rev. Stat. § 413.249 (2026)

Action relating to childhood sexual abuse or childhood sexual assault

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) As used in this section:

(a) "Childhood sexual assault or abuse" means an act or series of acts against a person less than eighteen (18) years old and which meets the criteria defining a misdemeanor or felony in:

1. KRS Chapter 510;

2. KRS 529.040 when the defendant advances or profits from the prostitution of a minor;

3. KRS 529.100 when the offense involves commercial sexual activity;

4. KRS 529.110 when the offense involves commercial sexual activity;

5. KRS 530.020 or 530.064(1)(a);

6. KRS Chapter 531 involving a minor or depiction of a minor; or

7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit any of the offenses described in subparagraphs 1. to 6. of this paragraph. No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action for redress of childhood sexual assault or abuse;

(b) "Entity" means a firm, partnership, company, corporation, trustee, association, or any private or public entity, including the Commonwealth, a city, county, urban-county, consolidated local government, unified local government, or charter county government, or any of their agencies, departments, or any KRS 58.180 nonprofit nonstock corporation; and

(c) "Injury or illness" means either a physical or psychological injury or illness.

(2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years.

(3) The time period set forth in subsection (2) of this section shall apply to a civil action for recovery of damages for injury or illness against:

(a) A person alleged to have committed the act of childhood sexual assault or abuse; or

(b) An entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual assault or abuse that resulted in the injury to the plaintiff.

(4) The complaint shall be accompanied by a motion to seal the record and the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until:

(a) The court rules upon the motion to seal;

(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed unless opened by a higher court; or

(c) The defendant files an answer and a motion to seal the record upon grounds that a valid factual defense exists, to be raised in a motion for summary judgment pursuant to CR 56. The record shall remain sealed by the clerk until the court rules upon the defendant's motion to close the record. If the court grants the motion to close, the record shall remain sealed until the defendant's motion for summary judgment is granted. The complaint, motions, and other related papers or pleadings shall remain sealed unless opened by a higher court.

(5) A victim of childhood sexual assault or abuse shall not have a cause of action against a third party, unless the third party failed to act as a reasonable person or entity in complying with their duties to the victim.

(6) (a) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for excluding evidence regarding childhood sexual assault or abuse or the cause thereof when an exception to the Kentucky Rules of Evidence is met, in any judicial proceeding. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding childhood sexual assault or abuse.

(b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is limited to information received solely through confidential communications with a clergy member, privately or in a confessional setting, when in the course of the discipline or practice of the clergy member's church, denomination, or organization, he or she is authorized or accustomed to hearing those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.

(7) (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, the General Assembly hereby states that the amendments enacted in 2017 Ky. Acts ch. 114, sec. 2 shall be applied retroactively to actions accruing before its effective date of June 29, 2017. This section is a remedial statute which is to be given the most liberal interpretation to provide remedies for victims of childhood sexual assault or abuse.

(b) Notwithstanding any provision of law to the contrary, any claim for childhood sexual assault or abuse that was barred as of March 23, 2021, because the applicable statute of limitations had expired is hereby revived, and the action may be brought if commenced within five (5) years of the date on which the applicable statute of limitations expired. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 106, sec. 3, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 89, sec. 2, effective March 23, 2021. -- Amended 2017 Ky. Acts ch. 114, sec. 2, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 25, sec. 20, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 19, sec. 9, effective June 26, 2007. -- Created 1998 Ky. Acts ch. 577, sec. 1, effective July 15, 1998. Legislative Research Commission Note (3/23/2021). 2021 Ky. Acts ch. 89, sec. 3 provides that the Act, which amended this statute and KRS 500.050, "shall apply to causes of action accruing on or after [March 23, 2021], and to causes of action accruing before [March 23, 2021], if the applicable statute of limitations, as it existed prior to [March 23, 2021], has not yet run before [March 23, 2021]."

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2002–2025 · leading case: Roman Catholic Diocese of Lexington v. Noble, 92 S.W.3d 724 (Ky. 2002).
Sort: Relevance Newest Treatment
Roman Catholic Diocese of Lexington v. Noble, 92 S.W.3d 724 (Ky. 2002). · cites it 8× “Additionally, the Dioceses moved that any allegations struck from the amended complaint be permanently sealed independent of the plaintiffs' motion to seal the record under KRS 413.249. Before the trial court could rule on the motion to seal or the motion to strike, the…”
Roman Catholic Bishop of Louisville v. Burden, 168 S.W.3d 414 (Ky. Ct. App. 2004). · cites it 14× “249(3) and attaching the affidavit of Senator Tom Buford, who introduced the Senate Bill that was the predecessor to KRS 413.249. The Courier-Journal moved to intervene in order to oppose the motion to seal, arguing that KRS 413.”
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). · cites it 59× “Thus, Section (3) of KRS 413.249 is still good law. Ky. R. Civ.”
Linda Thompson v. Samantha Killary (Ky. 2024). · cites it 35× “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). · cites it 26× “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
Will McGinnis v. Diocese of Covington (Ky. Ct. App. 2023). · cites it 2× “3 A civil action for damages suffered as a result of child sexual abuse or assault shall be brought before the expiration of the latest time periods specified in KRS 413.249(2): (a) Within five (5) years of the commission of the act or the last of a series of acts by the same…”
Matthew Valentine v. Samsung Sdi Co., Ltd (Ky. Ct. App. 2025). “Our Supreme Court decided to address the new amendments and its entire explanation for doing so is as follows: At the outset, we believe that analysis of the 2021 amendments to KRS 413.249 is appropriate and necessary in this instance.”
— Ky. Rev. Stat. § 413.249(1)(a) — 1 case
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). “Thus, Section (3) of KRS 413.249 is still good law. Ky. R. Civ.”
— Ky. Rev. Stat. § 413.249(1)(b) — 1 case
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
— Ky. Rev. Stat. § 413.249(2) — 4 cases
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). “Thus, Section (3) of KRS 413.249 is still good law. Ky. R. Civ.”
Will McGinnis v. Diocese of Covington (Ky. Ct. App. 2023). “3 A civil action for damages suffered as a result of child sexual abuse or assault shall be brought before the expiration of the latest time periods specified in KRS 413.249(2): (a) Within five (5) years of the commission of the act or the last of a series of acts by the same…”
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
— Ky. Rev. Stat. § 413.249(2)(a) — 1 case
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). “Thus, Section (3) of KRS 413.249 is still good law. Ky. R. Civ.”
— Ky. Rev. Stat. § 413.249(2)(c) — 2 cases
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
— Ky. Rev. Stat. § 413.249(2)(d) — 3 cases
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). “Thus, Section (3) of KRS 413.249 is still good law. Ky. R. Civ.”
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
— Ky. Rev. Stat. § 413.249(3) — 3 cases
Roman Catholic Diocese of Lexington v. Noble, 92 S.W.3d 724 (Ky. 2002). “Additionally, the Dioceses moved that any allegations struck from the amended complaint be permanently sealed independent of the plaintiffs' motion to seal the record under KRS 413.249. Before the trial court could rule on the motion to seal or the motion to strike, the…”
Roman Catholic Bishop of Louisville v. Burden, 168 S.W.3d 414 (Ky. Ct. App. 2004). “249(3) and attaching the affidavit of Senator Tom Buford, who introduced the Senate Bill that was the predecessor to KRS 413.249. The Courier-Journal moved to intervene in order to oppose the motion to seal, arguing that KRS 413.”
B.L. v. Schuhmann, 380 F. Supp. 3d 614 (2019). “Thus, Section (3) of KRS 413.249 is still good law. Ky. R. Civ.”
— Ky. Rev. Stat. § 413.249(3)(a) — 1 case
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
— Ky. Rev. Stat. § 413.249(3)(b) — 1 case
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
— Ky. Rev. Stat. § 413.249(5) — 2 cases
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
— Ky. Rev. Stat. § 413.249(7) — 1 case
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
— Ky. Rev. Stat. § 413.249(7)(a) — 2 cases
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
Samantha Killary v. Linda Thompson (Ky. Ct. App. 2022). “KRS 413.249 (as effective June 26, 2007, to June 24, 2013).”
— Ky. Rev. Stat. § 413.249(7)(b) — 1 case
Linda Thompson v. Samantha Killary (Ky. 2024). “Here, we are presented with a question regarding the retroactivity of two amendments to KRS 413.249, which establishes the statute of limitations 1 Kentucky Revised Statutes.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.