Hurst v. Capitell

In Hurst v. Capitell, 539 So. 2d 264 (Ala. 1989), a minor sued her stepfather and natural mother for damages based on sexual abuse. See Hurst, 539 So. 2d at 265. In allowing the suits to proceed, the court created an exception for sexual abuse cases, explaining: "To leave children who are victims of such wrongful, intentional, heinous acts sexual abuse acts without a right to redress those wrongs in a civil action is unconscionable, especially where the harm to the family fabric has already occurred through that abuse." Id. at 266.