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FRIDERES v. SCHILTZ11/22/1995
r of statutory construction does the phrase "An action for damages or injuries suffered as a result of sexual abuse" contained in Iowa Code § 614.8A encompass claims other than a direct claim of sexual abuse, which in our case are Counts III, VII, X, such as the claims for assault we have in Counts I, V; and battery such as we have in Counts II, VI, IX, XII; and intentional infliction of emotional distress such as we have in Counts IV, VIII, XI, XIII; and intentional failure to protect such as we have in Count XIV; and negligent failure to protect such as we have in Count XV, and premises liability such as we have in Count XVI, and loss of spousal consortium such as we have in Count XVII.
(5) If the answer to (4) or any part thereof is "yes," is Iowa Code § 614.8A impermissibly vague in violation of the Constitution of the State of Iowa and the Constitution of the United States with respect to the phrase "An action for damages or injuries suffered as a result of sexual abuse" contained in Iowa Code § 614.8A?
(6) Is the discovery rule of Chrischilles v. Griswold, 260 Iowa 453, 150 N.W.2d 94 (1967), and its progeny, including Callahan v. State, 464 N.W.2d 268 (Iowa 1990), available to a person who has always remembered (since the date of occurrence) some specific alleged act or acts of sexual abuse?
(7) Does Iowa law recognize a cause of action against a parent for negligent failure to protect?
(8) If the answer to (7) is "yes," are defendants Marlin and Kathryn Schiltz entitled to parental immunity with regard to plaintiff's claims for negligent failure to protect as pled in Count XV of plaintiff's complaint?
(9) Are defendants Marlin and Kathryn Schiltz entitled to parental immunity with regard to plaintiff's claim for premises liability as pled in Count XVI of plaintiff's complaint? [540 NW2d Page 264]
II. Retroactivity of Section 614.8A
A. Linda alleges the last incident of sexual abuse occurred in approximately 1967. At the time of this last incident, the two year period of limitations located in Iowa Code section 614.1(3) (1966) would have governed Linda's ability to bring a tort action for personal injury . However, because Linda was a minor in 1967, section 614.8 would have tolled the running of the period of limitations so that it would have expired one year after she attained the age of majority under normal conditions. Iowa Code § 614.8 (1966). Pursuant to the 1966 code, individuals attained majority at age twenty-one or upon marriage. Iowa Code § 599.1 (1966). Linda was married on August 19, 1972. However, in 1972, the Iowa legislature reduced the age of majority to nineteen, effective on July 1, 1972. On that date Linda was twenty years old having been born on April 19, 1952. By legislative act, she attained her majority on July 1, 1972, before she was married. Therefore, absent the potential application of any other tolling rules, the period of limitations would have expired on July 1, 1973 — one year after Linda attained her age of majority.
In 1990, the legislature added section 614.8A, entitled "Damages for child sexual abuse — time limitation," to the Iowa Code. 1990 Iowa Acts ch. 1241, § 2. This section provides the following:
An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
Iowa Code § 614.8A (1991).
The legislature did not specify the e
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