The appellant challenged a judgment awarding damages for historical sexual abuse, arguing the action was out of time, barred by laches, and that damages were excessive.
The court applied the discoverability approach to limitation periods in sexual battery claims and held that time began to run when the respondent realized the causal connection between the abuse and her injuries through sufficient professional counselling.
The court held laches did not arise once the action was found timely.
While punitive damages were not supportable on the trial reasons given the prior criminal sanction, the $20,000 award was sustained as aggravated damages based on the degrading and terrorizing circumstances of the abuse.
The appeal was dismissed with costs.
