context: Our conclusion that the applicable statute of limitations is the three-year limitations period in section 26-10-25 comports with decisions interpreting and applying South Dakota law.
citation_a.signal: see also
citation_a.parenthetical: stating the applicable statute of limitations for a victim alleging childhood sexual abuse is the three-year limitations period found in section 26-10-25
citation_a.sentence: See Stratmeyer, 567 N.W.2d at 223 (“It is obvious from a plain reading of SDCL 26-10-25 and 26-10-29 that the Legislature intended SDCL 26-10-25 to apply to all acts of intentional childhood sexual abuse conduct.”); see also Pecoraro I, 340 F.3d at 561 n. 1 (stating the applicable statute of limitations for a victim alleging childhood sexual abuse is the three-year limitations period found in section 26-10-25); DeLonga v. Diocese of Sioux Falls, 329 F.Supp.2d 1092, 1104 (D.S.D.2004) (applying section 26-10-25 to victim’s allegation she suffered childhood sexual abuse by a priest). In Pecoraro’s earlier Nebraska case (Pecoraro I), Pecoraro expressly alleged discovery “on or about January, 2001,” and “[b]ecause [Pecoraro] was a minor at the time of these abuses, the applicable statute of limitations of South Dakota, SDCL 26-10-25, allows [Pecoraro] three years from the time of discovery in which to file this suit.”
citation_b.signal: see
citation_b.identifier: 567 N.W.2d 223, 223
citation_b.parenthetical: "It is obvious from a plain reading of SDCL 26-10-25 and 26-10-29 that the Legislature intended SDCL 26-10-25 to apply to all acts of intentional childhood sexual abuse conduct."
citation_b.sentence: See Stratmeyer, 567 N.W.2d at 223 (“It is obvious from a plain reading of SDCL 26-10-25 and 26-10-29 that the Legislature intended SDCL 26-10-25 to apply to all acts of intentional childhood sexual abuse conduct.”); see also Pecoraro I, 340 F.3d at 561 n. 1 (stating the applicable statute of limitations for a victim alleging childhood sexual abuse is the three-year limitations period found in section 26-10-25); DeLonga v. Diocese of Sioux Falls, 329 F.Supp.2d 1092, 1104 (D.S.D.2004) (applying section 26-10-25 to victim’s allegation she suffered childhood sexual abuse by a priest). In Pecoraro’s earlier Nebraska case (Pecoraro I), Pecoraro expressly alleged discovery “on or about January, 2001,” and “[b]ecause [Pecoraro] was a minor at the time of these abuses, the applicable statute of limitations of South Dakota, SDCL 26-10-25, allows [Pecoraro] three years from the time of discovery in which to file this suit.”