D.M.S. v. Barber

While the ruling of the majority may make sense from a policy standpoint — that a child is conclusively presumed to be incapable of knowing that he or she has been sexually abused, and therefore has an additional six years after becoming an adult to bring a cause of action — that clearly is not the policy of the legislature as reflected in Minn.Stat. § 541.073 (2000). As the responsibility of the judicial branch is to apply the laws adopted by the legislature, and not selectively, I respectfully dissent. A strict statutory analysis, as outlined below, leads to the conclusion that the district…