2001 - 2002 LEGISLATURE
January 23, 2001 - Introduced by Senators Burke, Huelsman, Lazich, Plache,
Risser and Roessler, cosponsored by Representatives Berceau, Gronemus,
Huber, Jeskewitz, Johnsrud, Kreuser, La Fave, Lassa, Ott, Plale, Powers,
Riley, Seratti, Travis, Turner, Walker and Williams, by request of Wisconsin
Coalition Against Sexual Assault.. Referred to Committee on Judiciary,
Consumer Affairs, and Campaign Finance Reform.
1An Act to amend
893.587 of the statutes; relating to: a civil action for the
2recovery of damages for sexual assault to a child.
Analysis by the Legislative Reference Bureau
Currently, the time limit for bringing a civil action to recover damages for an
injury caused by incest is two years after the person discovered the fact and cause
of the injury or two years after the person with reasonable diligence should have
discovered the fact and cause of the injury. This bill expands the injuries covered to
include incest with a child, sexual assault of a child, repeated acts of sexual assault
of the same child, and sexual assault of a student by a school instructional staff
person. The bill also extends the time limit for bringing an action from two years to
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB22, s. 1
893.587 of the statutes is amended to read:
4893.587 Incest Sexual assault of a child; limitation.
An action to recover 5
damages for injury caused by incest an act that would constitute a violation of s.
6948.02, 948.025, 948.06, or 948.095
shall be commenced within
years after the
plaintiff discovers the fact and the probable cause, or with the exercise of reasonable 2
diligence should have discovered the fact and the probable cause, of the injury, 3
whichever occurs first. This section does not shorten the period to commence an
4action provided under s. 893.16 (1).
(1) This act first applies to actions commenced on the effective date of this 7