Estimated 400 abused, Near Zero Civil Child Sexual Abuse Cases in ND History.
(Hint: It’s Not Because There’s a History of No Active Pedophiles in North Dakota)
North Dakota has just one plaintiff this century. Why?
Courts are “The Problem” by not applying “as a matter of law” the “Discovery” statutory code.
Here's why:
The Law vs. How Courts Apply It
NDCC § “Discovery of Injury”. It is supposed to prevent claims from expiring before a survivor could reasonably know they have a legal claim. North Dakota law already defines when discovery occurs.
In Wall v. Lewis (1986), the court held that discovery happens “as a matter of law” when plaintiffs were advised by an attorney that a potential claim exists. That standard is clear.
And courts are ignoring it.
The Problem
Courts have treated non‑legal events as “discovery,” including:
- Nightmares
- Memories
- Personal realizations
- Advice from non‑attorneys
Dunford v. Tryhus (2009)
In Dunford v. Tryhus (2009), the court started the statute of limitations clock based on decade old nightmares and an inquiry with a layman — the plaintiff had affidavits, a police report, a licensed psychologist’s PTSD report, and attorney consultation. The case was still barred.
Legislative History Confirms the Courts Are Wrong
During a 2011 House Judiciary Committee hearing, legislators themselves identified the issue.
Rep. Klemin said: “But the discovery rule relates to the person who was injured. When did he know or reasonably should have known that he was injured. He knew it when he shared it with a friend. It’s not up to the friend to say, go file your lawsuit.”
Rep. Hogan responded: “But he did not know that he had a civil action. That was the piece that was missing.”
This exchange shows that lawmakers understood the difference between knowing about the abuse and knowing one has a legal claim. Discovery in child sexual abuse cases requires legal knowledge, not psychological symptoms or disclosures to friends. The Legislature never intended non attorney events to trigger the statute of limitations.
The Result
This misapplication has devastating consequences:
- Discovery dates become subjective and unpredictable
- Statute of limitations fights dominate every case
- No attorney will take these cases
- Survivors are denied access to court
The Fix
Revised Proposed Amendment Language SECTION 1. AMENDMENT. Section 28-01-25.1 of the North Dakota Century Code is amended and reenacted as follows:28-01-25.1. Limitation on actions alleging childhood sexual abuse.
- Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within twenty-one years after the potential claim resulting from alleged childhood sexual abuse accrued.
- And/or for the purposes of this section, a potential claim accrues as a matter of law when the plaintiff is advised by a licensed attorney that a potential claim exists. Discovery or accrual is not triggered by psychological symptoms, personal realizations, memories, nightmares, disclosures to non-attorneys, or any other non-legal event or advice.
- If the plaintiff was under fifteen years of age when the act resulting in a potential claim for childhood sexual abuse occurred, the applicable twenty-one-year period of limitation does not begin to run until the plaintiff has reached fifteen years of age.
- In a claim for relief under this section, the plaintiff is not required to establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.
SECTION 2. REVIVAL WINDOW. Notwithstanding any other provision of law, a claim for relief resulting from childhood sexual abuse that would otherwise be barred under this section or any previous version of this section may commence within two years after the effective date of this Act.
SECTION 3. EFFECTIVE DATE. This Act is effective on August 1, 2027, and applies to all claims accruing on or after that date, including claims revived under section 2 of this Act.
Bottom Line
North Dakota has Grade F from CHILD USA for a reason.
Until the law is fixed, historically predators remain comforted knowing cases never get filed, and survivors remain locked out of court.