## Facts

- In 1992, Roxana Arguedas Rojas was 13 years old when she was repeatedly raped by the principal of her school.
- Roxana became pregnant as a result of the assaults and later gave birth to her daughter, Joselyn Arguedas Rojas.
- Roxana’s pregnancy caused her to leave school, and her family moved to another town after experiencing ridicule in their close-knit community.
- The principal was criminally prosecuted; the criminal judgment became effective on October 6, 1996.
- At the time, the limitations period for the relevant civil claim was three years, and that period was treated as tolled while the criminal prosecution was pending.
- Before the criminal case concluded, the legislature enacted a change extending the limitations period to four years for actions commenced after July 29, 1996, regardless of when the underlying conduct occurred.
- On October 5, 1998, Roxana filed a civil claim against the State, suing through the Education Ministry, seeking:
  - moral (non-pecuniary) damages for harm suffered by Roxana;
  - moral damages for harm suffered by Joselyn; and
  - pecuniary damages for Joselyn’s support through age 25.
- The government argued that Joselyn could not recover moral damages because she was not a “victim.”
- The trial court dismissed the case as time-barred and did not reach the merits; the appellate court affirmed.
- Roxana appealed to the Costa Rica Supreme Court, which issued Resolution No. 342 in Exped. No. 99-000072-0163-CA in 2005.

## Issues

1. Whether Roxana’s October 5, 1998 civil action against the State was filed within the applicable limitations period, given tolling during the criminal case, the criminal judgment’s effective date (October 6, 1996), and the statutory change extending the period to four years for actions commenced after July 29, 1996.
2. Whether Joselyn Arguedas Rojas, as the child born from the rape, could claim moral damages in the civil action, including whether she qualified as a “victim” for that purpose.
3. Whether Roxana could seek pecuniary damages from the State for Joselyn’s support through age 25 in the same civil action.

## Decision

- The trial court dismissed Roxana’s civil claim as barred by the statute of limitations and did not address liability or damages.
- The appellate court affirmed the dismissal.
- The Costa Rica Supreme Court reviewed the appeal in Resolution No. 342 (Exped. No. 99-000072-0163-CA) in 2005.
- Publicly available materials summarizing the case do not provide the Supreme Court’s final disposition or its reasoning.

## Legal Principles

- When a civil claim arises from conduct that is also prosecuted criminally, courts may need to determine whether and how the civil limitations period is suspended during the criminal proceedings.
- When legislation extends a limitations period and specifies application to actions filed after a stated date, the court must determine how the change applies to claims based on earlier conduct but filed after the effective date.
- Claims for moral damages may turn on whether the claimant is legally recognized as a victim and whether the asserted harm is compensable as moral harm.
- Requests for child-support-related pecuniary damages against the State depend on the legal basis for state liability and the permissible scope and duration of recoverable support in a civil damages action.

## Conclusion

Roxana Arguedas Rojas v. The State concerns a civil action against Costa Rica’s Education Ministry after a school principal repeatedly raped Roxana when she was 13, resulting in pregnancy and the birth of her daughter; the case reached the Supreme Court after the lower courts dismissed the suit as untimely, raising questions about tolling during the criminal prosecution, the effect of a statutory extension of the limitations period, and whether the daughter could seek moral damages as a victim, but accessible summaries do not reveal the Supreme Court’s ultimate outcome or rationale.


Roxana Arguedas Rojas v. The State, Res. No. 342, Exped. No. 99-000072-0163-CA (2005)