Former Elmo puppeteer Kevin Clash is trying to get all three of the lawsuits alleging sexual misconduct by him dismissed, citing statutes of limitations. He stands accused of inappropriate sexual relations with boys under the age of 18; Clash previously denied all of the allegations against him. Clash attorney Michael Berger wrote in a brief Friday: “There are two applicable types of statutes of limitations , a six-year one based on when the right of action has accrued, and a three-year one based on when the alleged victim turned 18 and was therefore no longer under the disability of being a minor.” According to Clash’s camp, both have lapsed. Cecil Singleton , the first to file suit against the former Sesame Street staple, said in court documents that his interaction with Clash occurred in 2003. He was 15 at the time. He stated that he wasn’t “aware he had suffered adverse psychological and emotional effects from Kevin Clash’s sexual acts and conduct until 2012.” The second plaintiff, who filed as John Doe, said in his suit that he was 16 when he had an inappropriate sexual relationship with Clash in 2000. A third plaintiff, identified only as S.M., charged in a complaint that he was “16 or 17” when he had sexual contact with Clash in the mid-1990s. Yet another man, Sheldon Stephens , accused Clash of similar behavior before settling out of court … then saying he wishes he hadn’t settled. Berger states in today’s filing that the three men suing Clash would have needed to file suit, respectively, in 2009, 2006 and 2001 to be within six years. Or, based on their respective ages, in 2009, 2003 and 2000, respectively as the latest possible dates to be within three years of them turning 18. All three suits were filed in November and December of 2012. Jeff Herman, who represents all three plaintiffs, tells E! News he doesn’t think a motion to “avoid liability on technical grounds” will be successful. “It should be noted his motion does not say the abuse did not happen, just that it is too late to file the complaints,” Herman told the network in response. “The law we are proceeding under recognizes the rights of victims to bring their lawsuits within six years from the time they connect their injuries to the abuse.” “We are hopeful the Court will see it our way, however, by being able to bring their claims forth publicly the victims are already further along in the healing process.”
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Kevin Clash: Accusers Have No Right to Sue Given Statute of Limitations
