Research On The Limitation Of Action Of Claim For Damages Of Child Sex Abuse

The situation of child sexual abuse in China is very serious,the victim and their guardians often fail to sue for damages in time because of various considerations.When the victim wants to seek legal protection when he is an adult,he often faces the dilemma of refusing to accept the lawsuit or dismiss the claims due to the expiration of the statute of limitations.For this purpose,article 191 of the General Provisions of Civil Law stipulates that the limitation period of the claim for damages of a minor who has suffered sexual as sault shall be calculated from the day when the victim attains the age of eighteen.The limitation period of action is of course applicable to the period before the calculation,the victim's guardian can file a lawsuit on behalf of the victim,and shall have the effect of discontinuance of limitation.If the guardian does not file a lawsuit,the limitation shall be calculated from the day when the victim turns eighteen years old.It makes the calculation of the limitation period harmonize with the value of the limitation of action,and provides the victims with the opportunity to seek legal relief after reaching adulthood,which highlights the humanistic care of the civil law.The claim for damages of minors includes the claim for personal injury compensation based on the damage of physical health,and the claim for compensation for mental damage,which is based on the damage of sexual autonomy.The child sexual abuse which happens within the family has its particularity,when the judicial interpretation is introduced in the future,special provisions can be made to the calculating of the limitation of action in this case,so as to better protect the interests of minors.