Sexual abuse statute limitations can be confusing.
Different states have vastly different laws regarding how long survivors have to file civil lawsuits or criminal charges. Some states provide decades-long windows, while others provide as few as years. But here’s the worst part…
If survivors don’t file within these arbitrary time frames, they could be barred from ever suing their abuser.
Thankfully, changes are being made. Many states are extending their statute of limitations windows and implementing what are known as “lookback windows”, which allow survivors to file lawsuits even if the statute of limitations previously expired.
What you’ll learn:
- What Are Sexual Abuse Statute Limitations?
- Why Sexual Abuse Statute of Limitations Are So Important
- Sexual Abuse Statute of Limitations By State
- Discovery Rule
- Recent Updates to Consider
What Are Sexual Abuse Statute Limitations?
Statutes of limitations are time limits for filing legal action. This may include both civil lawsuits and criminal charges.
If the statute of limitations expires, it doesn’t matter how good the evidence is or how heinous the crimes were. The survivor’s case will be dismissed.
Both civil and criminal statute of limitations exist. Civil cases allow survivors to sue abusers for monetary compensation. Criminal cases can result in jail time for perpetrators. Understanding the statute of limitations for rape and other sexual abuse crimes is critical for anyone considering legal action.
Here’s how sexual abuse cases are unique:
It takes time to process sexual abuse. Many survivors wait years, even decades, before coming forward. Some people don’t even realize they were abused until they’re adults.
On average, people don’t tell anyone about childhood sexual abuse until age 52.
| Child sex abuse disclosures by survivors age: | 2024 |
|---|---|
| Average age | 52 years old |
| Gender | |
| Male | 23 years old |
| Female | 60 years old |
(Source: CHILD USA)
That’s right. Many survivors wait over 40 years before revealing their abuse to another person.
If survivors wait that long to report sexual abuse, how can anyone expect them to know about deadlines to file legal action within a few years?
This is where statute of limitations problems unique to sexual abuse emerge.
Why Sexual Abuse Statute of Limitations Are So Important
Consider this…
Typical statutes of limitations are based on the idea that crimes will be reported immediately while the evidence is fresh.
But sexual abuse isn’t that simple.
Abuse survivors wait to file legal action for many reasons:
- Shame
- Embarrassment
- Fear of not being believed
- Fear of the abuser (let’s say the abuser is your father)
- Manipulation
- Lack of knowledge that what happened was abuse
- Threats by other authority figures
At least 14 states have eliminated criminal statute of limitations on child sex abuse crimes. Times are changing.
Sexual assault isn’t like other crimes. Yet, we’ve expected survivors to meet deadlines that don’t take trauma into account.
Hopefully, we’re starting to understand that allowing child sex abusers to roam free for decades isn’t good for anyone.
Sexual Abuse Statute of Limitations By State
Let’s talk about state laws.
Each state handles sexual abuse statute of limitations differently.
Some states are extremely forgiving, while others leave survivors with limited time to file legal action.
States Without Civil Statute of Limitations for Child Sexual Abuse:
- California (after January 1, 2024)
- Florida (committed after July 1, 2020)
- Vermont
States With No Civil Statute of Limitations (adult or child sexual abuse):
- Vermont
States With Lookback Windows:
- Louisiana
Unfortunately, other states give adult survivors only two to three years from the date of the abuse to file civil lawsuits.
Imagine being sexually abused and given only a few years to figure out whether, how, and where to hold your abuser accountable. For many survivors, that time window will close before they know what hit them.
Discovery Rule
The discovery rule works differently.
Instead of starting the clock at the time of abuse, the discovery rule allows the clock to start when the survivor realizes (or should have reasonably realized) that their injury was caused by sexual abuse.
Why does this matter?
Let’s say you were sexually abused as a child. For years, you struggle with anxiety, depression, and drug use. You never connect that your psychological injuries are due to sexual abuse until years later when you start therapy.
With a traditional statute of limitations, you would likely lose your ability to file a lawsuit. The abuse happened decades ago.
But under the discovery rule, California allows survivors three years to file a lawsuit from the moment they discovered their injury was caused by sexual abuse.
Not all states use the discovery rule. You’ll want to confirm your state’s laws apply before counting on this rule.
As of January 1, 2024, more states are beginning to adopt the discovery rule to allow survivors more time to file lawsuits.
Recent Examples of States Enacting Lookback Windows:
- Mississippi: Lookback window opened July 2024 and will last until June 2027
- New York: Lookback window opened February 2024 and will last until January 2026
- Louisiana: Lookback window extended through June 2027 after SC ruling
Congressional data suggests child sexual abuse affects 1 in 5 girls and 1 in 13 boys.
If something affects 1 in 3 Americans, shouldn’t our legal system take steps to make it easier for those victims to file lawsuits? Clearly states are beginning to think this too.
Sexual abuse campaigns, high-profile scandals (think Boy Scout sexual abuse or churches failing to protect children), and news stories are bringing awareness to institutions that prioritize winning over helping victims.
Criminal vs Civil Statute of Limitations
This brings me to my next point. Civil statute of limitations are different from criminal statute of limitations.
Criminal charges are filed by the state and can result in jail time. Survivors don’t get to decide if criminal charges will be filed against their abusers.
Civil charges are filed by survivors who are seeking monetary compensation from their abusers.
It’s becoming more common for states to eliminate criminal statute of limitations but keep civil statute of limitations in place.
Just because you can’t press criminal charges doesn’t mean you don’t have civil options.
Next Steps
Three things to remember:
- Check the statute of limitations in your state. They differ everywhere.
- Research if your state is currently in a lookback window.
- Look into whether your state has adopted the discovery rule.
Lookback windows don’t stay open indefinitely.
Statute of limitations laws can change overnight.
If you want your case heard, don’t wait.
Wrapping Up
Sexual abuse statutes of limitations don’t have to control your life.
Survivors have fought for years to extend these deadlines. Now more than ever, survivors are given leeway in filing their claims.
Some states don’t have any statute of limitations at all. Others offer lookback windows to allow survivors to file even if the normal statute of limitations expired.
Here are a few things to remember:
- The average age of disclosure for child sexual abuse is 52 years old
- At least 14 states have eliminated criminal statute of limitations for certain sexual abuse crimes
- Lookback windows are granting survivors a 2nd chance to file lawsuits
- Discovery rules are allowing survivors more time to file claims
We understand trauma doesn’t adhere to society’s rules.
Take advantage of your opportunity to file a lawsuit and contact an attorney today.
