Michigan Compiled Laws
236-1961-58 - Chapter 58 Limitation of Actions (600.5801...600.5869)
Section 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

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 600 - Revised Judicature Act of 1961

Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)

236-1961-58 - Chapter 58 Limitation of Actions (600.5801...600.5869)

Section 600.5801 - Limitation on Actions; Time Periods; Defendant Claiming Title Under Deed, Court-Ordered Sale, Tax Deed, or Will; Other Cases.

Section 600.5803 - Foreclosure of Mortgages.

Section 600.5805 - Injuries to Persons or Property; Period of Limitations; "Adjudication," "Criminal Sexual Conduct," and "Dating Relationship" Defined.

Section 600.5807 - Damages for Breach of Contract; Specific Performance; Period of Limitations; Bond; Deed; Mortgage; Surety Bond; Appeal Bond; Public Obligations; Other Actions.

Section 600.5809 - Action to Enforce Noncontractual Money Obligations; Limitations.

Section 600.5811 - Common Carriers; Charges and Overcharges; Definitions.

Section 600.5813 - Other Personal Actions.

Section 600.5815 - Scope of Limitations; Legal and Equitable; Laches.

Section 600.5821 - Recovery of Land or Public Ground; Period of Limitations; Personal Actions; Maintenance, Care, and Treatment of Persons in State Institutions.

Section 600.5823 - Counterclaims.

Section 600.5825 - Effect of Limits Running in Favor of Some Joint Obligors but Not All.

Section 600.5827 - Accrual of Claim.

Section 600.5829 - Accrual of Claim; Right of Entry or Recovery of Possession of Land.

Section 600.5831 - Accrual of Claim; Mutual and Open Account Current.

Section 600.5833 - Accrual of Claim; Breach of Warranty of Quality or Fitness.

Section 600.5834 - Accrual of Claim; Common Carriers; Charges; Overcharges.

Section 600.5835 - Accrual of Claim; Life Insurance; Presumption of Death.

Section 600.5836 - Accrual of Claim; Installment Contracts.

Section 600.5837 - Accrual of Claim; Alimony.

Section 600.5838 - Claim Based on Malpractice; Accrual; Commencement of Action; Burden of Proof; Limitations.

Section 600.5838a - Claim Based on Medical Malpractice; Accrual; Definitions; Commencement of Action; Burden of Proof; Applicability of Subsection (2); Limitations.

Section 600.5838b - Action for Legal Malpractice; Commencement; Limitation; Definitions.

Section 600.5839 - Period of Limitations on Actions Against Licensed Architect, Professional Engineer, Contractor, or Licensed Professional Surveyor; Definitions; Applicability.

Section 600.5841 - Accrual of Claim; to Person Other Than Person Bringing Action.

Section 600.5843 - Accrual of Claim; Regaining Possession of Land; Subsequent Loss; Effect.

Section 600.5851 - Disabilities of Infancy or Insanity; Tacking of Successive Disabilities Prohibited; Year of Grace; Removing Disability of Infancy; Claim Alleging Medical Malpractice Accruing to Person 8 Years Old or Less or 13 Years Old or Less; D...

Section 600.5851a - Court Action by Minor Victim of Female Genital Mutilation; Recovery of Damages; Limitation; "Female Genital Mutilation" Defined.

Section 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.

Section 600.5852 - Death Before Period of Limitations Has Run or Within 30 Days Thereafter; Commencement of Action; Death or Legal Incapacitation of Personal Representative; Limitation on Commencement of Action.

Section 600.5853 - Absence From State.

Section 600.5854 - War; Inability to Prosecute; Period of Limitation.

Section 600.5855 - Fraudulent Concealment of Claim or Identity of Person Liable; Discovery.

Section 600.5856 - Tolling of Statute of Limitations or Repose.

Section 600.5861 - Cause of Action Accruing Without State; Limitation on Commencement of Action.

Section 600.5865 - Endorsement or Memorandum of Payment; Evidence.

Section 600.5866 - Revival of Barred Claim; Written Acknowledgment of Obligor.

Section 600.5867 - Presumption as to Possession of Land; Exception.

Section 600.5868 - Entry and Possession.

Section 600.5869 - Rights Governed by Law Under Which Right Accrued.