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Mary Lickteig (P) sued her brother, Robert Kolar, Jr. (D), in the United States District Court for the District of Minnesota for sexual abuse and battery allegedly committed during their childhood, between approximately 1974 and 1977. P and D are biological siblings. P alleged that D sexually abused her for several years, starting in 1974 and ending in 1977. P also alleged that D sexually abused, raped, and assaulted her older sisters while she was in the same room. D admitted that he sexually abused two of his sisters, but denied P's allegations against him. P alleged that because of mental and emotional distress, she had repressed her memory of these events. She asserted that she began to see a therapist in August 2005 because of nightmares, as memories of D's sexual abuse began to resurface. The district court dismissed the case sua sponte. The court determined in part that the doctrine of intrafamilial immunity barred the action. P appealed. The Eighth Circuit certified to this court three questions.

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