Wis. Stat. § 893.587
Sexual assault of a child; limitation
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893.587893.587 Sexual assault of a child; limitation. An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.
893.587 AnnotationA victim’s action was time barred when “flashbacks” more than two years prior to commencing suit made the victim aware of incest that allegedly occurred more than 50 years earlier. The action was barred despite evidence that the victim was unable to shift the blame from herself at the time of discovery. Byrne v. Bercker, 176 Wis. 2d 1037, 501 N.W.2d 402 (1993).
893.587 AnnotationAn adult victim of incest, who at the time of the incestuous act was aware of the identity of the tortfeasor and the impropriety of the conduct, did not qualify for tolling of the statute of limitations under the discovery rule because the victim was unaware of the psychological harm that might occur. Cheryl D. v. Estate of Robert D.B., 207 Wis. 2d 548, 559 N.W.2d 272 (Ct. App. 1996), 95-3510.
893.587 AnnotationClaims for injury caused by an archdiocese’s alleged fraudulent misrepresentation that the archdiocese did not know that priests it assigned had histories of sexually abusing children and did not know the priests were dangerous to children were not barred by this section. None of the listed statutes in this section refers to fraudulent misrepresentations. Doe v. Archdiocese of Milwaukee, 2007 WI 95, 303 Wis. 2d 34, 734 N.W.2d 827, 05-1945.
893.587 AnnotationThe limitations period in this section applies only to claims alleging that the defendant caused the plaintiff’s injury by committing an enumerated act. In this case, the issue was not whether the plaintiff could sue the individual who sexually assaulted the plaintiff as a child. The plaintiff’s action to recover damages was for injury caused by a non-profit organization’s act of negligently hiring, retaining, and supervising that individual. Because the plaintiff did not allege that the organization committed an enumerated injury-causing act, the plaintiff’s claim was not an action to recover damages to which this section applied. The governing time limit was instead the three-year statute of limitations under s. 893.54, as extended by s. 893.16. Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40, 407 Wis. 2d 273, 990 N.W.2d 244, 21-1054.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1989–2023 · leading case: Femala Fleming v. Amateur Athletic Union of the United States, Inc.
Femala Fleming v. Amateur Athletic Union of the United States, Inc. (2023)
“¶2 Fleming argues that she timely filed her negligence claim against AAU because the governing statute of limitations is Wis. Stat. § 893.587 , which requires that "[a]n action to recover damages for injury caused by an act that would constitute a violation of" certain ch.”
Doe v. Archdiocese of Milwaukee (1997)
“The legislature later codified the Hammer decision by enacting Wis. Stat. § 893.587 as the statute of limitations for claims of incest.”
Byrne v. Bercker (1993)
“The controlling statute of limitations is sec. 893.587, Stats. [1] *1039 The facts which raise the question of whether the claim is time barred are substantially undisputed.”
John Doe 1 v. Archdiocese of Milwaukee (2007)
“¶ 59 The Archdiocese also contends that the statute of limitations for sexual abuse of a child, Wis. Stat. § 893.587 , demonstrates that the legislature's public policy is to toll the statute of limitations for the plaintiffs' claims no later than their 35th birthday.”
John Doe 67C v. Archdiocese of Milwaukee (2005)
“" Section 893.587, which is in effect a statute of repose, provides that such actions "shall be commenced before the injured party reaches the age of 35 years or be barred.”
John Doe 56 v. Mayo Clinic Health System - Eau Claire Clinic, Inc. (2016)
“Pursuant to Wis. Stat. § 893.587 , the Does have claims for sexual assault that are not barred until they are 35 years old.”
Pritzlaff v. Archdiocese of Milwaukee (1995)
“Section 893.587, Stats. (1993-94) provides: 893.”
Femala Fleming v. Amateur Athletic Union of the United States, Inc. (2022)
“§ 893.587, which preserves certain causes of action related to child sexual assault until the claimant is thirty- five years old.”
Owens v. Okure (1989)
“585 (three years for sexual exploitation by a therapist); Wis. Stat. §893.587 (Supp. 1988) (three years for incest-related *248 torts); Wyo.”
JOSEPH W. v. Catholic Diocese of Madison (1997)
“The court declined to judicially extend the "specialized discovery rule" applicable to claims of incest, see § 893.587, STATS., to children who are sexually abused by priests or other non-related adults occupying positions of trust and authority over the children.”
DeGrave, Cody v. State of WI D.O.C. (2021)
“]”); see also Wis. Stat. § 893.587 (tolling the limitations period for claims of sexual assault involving a child until the plaintiff reaches the age of 35).”
Cheryl D. v. Estate of Robert D.B. (1996)
“, 1977-78, (the statute pertaining to battery) and the current incest statute, § 893.587, Stats. Section 893.587 requires an action to recover damages for injury caused by incest to be commenced within two years after the plaintiff discovers, or with the exercise of reasonable…”
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