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The legal term “statute of limitations” is a law legislated by each state that defines the maximum amount of time after an incident in which a legal action or proceeding may be started. Statute of limitations may apply in both criminal and civil cases, including sex abuse cases. In criminal matters, the statute of […]
Sex abuse civil statute of limitations updates and reforms
The legal term “statute of limitations” is a law legislated by each state that defines the maximum amount of time after an incident in which a legal action or proceeding may be started. Statute of limitations may apply in both criminal and civil cases, including sex abuse cases.
In criminal matters, the statute of limitations affects the time in which a victim may press criminal charges against the perpetrator.
The statute of limitations in civil lawsuits limit the amount of time in which a victim may file a lawsuit seeking monetary compensation from the perpetrator or entity that caused the injury or harm to the victim.
In the past several years, there have been several high-status child sex abuse cases that have made national news, including clergy abuse, Jeffrey Epstein, the Boy Scouts of America, Michael Jackson, Dr. Reginald Archibald, the Southern Baptist Convention, R. Kelly, and several religious organizations such as the Roman Catholic Dioceses (MO, NY, NJ, TX), Jehovah’s Witnesses Church, the U.S. Military, and the Roman Catholic Archdiocese of New York to name only a few of the 100s of cases to make recent, national headlines.
Due to the number of high profile offenders and institutions making national headlines, thousands of child sexual abuse victims have been coming forward. The amount of pressure by victims to receive justice lead to a national movement of state reform. In the past two years, forty-eight states and the District of Columbia have amended their civil and criminal statutes of limitations. Several states have eliminated the statute of limitations in criminal cases.
Under SB 109, sex abuse victims may apply for victim compensation within five years of discovery of evidence such as DNA or a recording or confession evidence.
The Governor signed this bill into law on March 14, 2020.
According to HB 705, the state of New Hampshire has eliminated its civil statute of limitations for incest and sexual assault of minors and adults.
The new law also removes the notification requirements for actions against the government. The new law was signed into law on July 20, 2020.
New York’s Governor Andrew Cuomo signed into law the Child Victims Act in 2020. The new law extended the state’s statutes of limitations for sexual abuse victims. The Child Victim’s Act grants the survivors of child sexual abuse to file a civil lawsuit seeking monetary damages until the victim reaches 55.
In May 2022, New York adopted the Adult Survivors Act, which allows adult victims (18 or older at time of alleged abuse) a one-time opportunity to file a civil lawsuit, even if the statute of limitation has expired.
West Virginia’s HB 4559 extends the civil statutes of limitations against perpetrators up to age 36, which is the “age of majority plus 18 years or four years from the date of discovery, whichever is later and revives claims up to age 36 or 4 years from discovery.”
The law also extends the civil statutes of limitations against other organizations or individuals to age 36, and the law revives civil claims up to age 36. The Governor signed the bill into law on March 25, 2020.
Thirty states have pending legislation that will modify current statutes of limitations in sexual assault and abuse cases.
The Federal Government’s Senate Bill 3398 EARN IT Act of 2020 would add civil liability for internet providers in cases of sexual exploitation of minors and creates statutes of limitations for claims against internet providers from victims up to the age of 28 or 10 years from the date of discovery of the violation. The U.S. Senate bill has passed out of the Senate Judiciary Committee on July 2, 2020.
HB 1296 eliminates the civil statutes of limitations for victims abused as minors and adults and removes the limitations of damages.
The bill passed the House on May 27, 2020, but has failed in the Senate on June 12, 2020.
HB 479 extends the civil statutes of limitations from age 23 to age 38 and extends the “delayed discovery rule” from 2 years to 4 years.
The bill also opens a 1-year “revival window” against entities and perpetrators. The bill limits claims against entities to conduct that occurred after 1988.
The previous version had a retroactive 1-year discovery rule and a less restrictive revival window, which also applied to individuals’ claims. The bill passed the House on March 12, 2020.
Would extend the civil statutes of limitations for child sexual abuse from age 26 or 3 years from the date of discovery to 58 years of age. SB 2316 passed in the Senate on March 3, 2020.
HB 2177 extends the civil statutes of limitations for injuries stemming from child sexual abuse from age 26 or 3 years from the date of discovery to age 68 and would allow for the recovery of punitive damages without any limitation.
HB 2177 passed the state’s House on February 28, 2020, and then passed the state’s Senate Judiciary Committee on June 23, 2020. The House disagreed with the Senate’s Amendments on July 6, 2020.
SB 109 retroactively lengthens the criminal statutes of limitations if expired by five years after the discovery of DNA evidence, or a recorded confession, or other confession evidence. It also allows victims to apply for victim compensation within five years of discovering the before-mentioned evidence.
A previous redaction of the bill passed in the Senate would drop the civil statutes of limitations for child sex abuse claims and restore any expired victims’ claims under the age of 31 against perpetrators.
In cases where the victims are above the age of 31, claims may be revived if the claims are against perpetrators and there is evidence such as DNA evidence, recorded evidence, or confession evidence. The Governor signed the bill into law on March 14, 2020.
SB 386 would eliminate the civil statutes of limitations for injuries occurring from child sex abuse and would restore expired claims. Children who are sexually abused at a health facility would not benefit from the elimination or revival under SB 386.
House Bill 47 eliminates the civil statutes of limitations for suits against perpetrators of child sex assault crimes.
The bill was signed into law on March 19, 2020.
HB 974 eliminates the civil statutes of limitations and opens a 2-year revival window for all expired suits.
The bill passed in the House on March 14, 2020.
S. 2815 would eliminate the civil statutes of limitations and would open a permanent revival window for all expired lawsuits.
The bill also broadens liability for governmental and non-profit entities.
HB 6237 would open a 1-year revival window for physician sex abuse of minors and adults. HB 6237 also extends the civil statutes of limitations by extending the discovery rule, for children, to six years and making it applicable to adults.
HB 6238 removes government immunity for cases involving civil sex abuse of minors and adults.
HB 6252 extends the civil statutes of limitations for minors and adult victims to the age of 48, ten years from the date of the abuse, or seven years from the discovery, and eliminates the civil statutes of limitations when a perpetrator has been criminally convicted of the sexual abuse.
HB 6252 would open a 2-year revival window for expired cases of minors and adults.
HB 6253 extends the civil statutes of limitations by eliminating 1-year notice of claim requirement for suits against the government.
HB 1411 eliminates the civil statutes of limitations for cases against perpetrators only.
The bill was passed out of the Administrative Oversight Committee on January 27, 2020.
LB 881 adds new crimes sexual assault and sexual contact of a student age 16-18 by a school employee, and the LB 881 extends criminal statutes of limitations for failing to report child neglect or abuse to 18 months after the offense or age 19 and a half.
The Governor signed the law into effect on August 7, 2020.
HB 1586 eliminates the criminal statutes of limitations for misdemeanor and felony sexual assault of minors and adults.
SB 508 & HB 705 eliminate the civil statutes of limitations for sexual assault of minors and adults and incest and removes the notification requirements for actions against the government. HB 705 was signed into law by the Governor on July 20, 2020.
AB 386 eliminates the civil statutes of limitations for the following claims:
It would also eliminate civil statutes of limitations for any action filed against an entity or individual which produces, distributes, or engages in the child pornography industry.
S.B. 97 extends the criminal statutes of limitations for felony criminal sexual penetration of a minor to age 30. The bill passed out of the Public Affairs Committee on January 31, 2020.
HB 302 eliminates the civil statutes of limitations for claims against institutions only, revives all expired cases against institutions unless the institution has a vested right to be free from suit.
HB 302 changes the 3-year discovery rule that runs from the date of the disclosure of abuse to medical or mental health care providers to run from the knowledge of injury and open a limited 18-month revival window for cases that were time-barred under the prior discovery rule but will not be barred under the new discovery rule provisions. HB 302 passed in House on February 14, 2020.
SB 7082 & AB 9036 extend the original 1-year Child Victims Act revival window for an additional year. The window now closes on August 14, 2021, instead of August 14, 2020.
SB 7082 was signed into law by the Governor on August 3, 2020. Governor Cuomo extended the Child Victim’s Act revival window until January 14, 2021, through Executive Order No. 202.29 on May 8, 202).
HB 470 extends the civil statutes of limitations for child sex abuse to age 55 against an entity or the perpetrator.
The bill also opens a 3-year revival window for expired cases and creates a 3-year discovery rule in cases where there has been fraudulent concealment on or after August 3, 2006.
HB 249 retroactively revives and eliminates the civil statutes of limitations for cases against a state university by victims of any age who have been sexually abused by a university physician between January 1, 1978, and December 31, 2000. The bill is in Civil Justice Committee hearings as of February 11, 2020.
SB 162 & HB 279 eliminates the civil statutes of limitations for rape against the perpetrator regardless of the victim’s age and eliminates the criminal statutes of limitations for rape. SB 162 was in a Senate Judiciary Committee hearing on November 13, 2019.
SB 1798 extends the criminal statutes of limitations for felony sex crimes against minors from age 45 or 12 years from the date of discovery to 50 years after the date of discovery of the crime.
HB 3024 & HB 3168 eliminate the criminal SOL for felony sex crimes against minors and adults.
HB 4689 extends the civil statutes of limitations for sexual abuse, sexual assault, and incest from the age of 27 or 3 years from the date of discovery to the age of 35 or 5 years from the date of discovery and makes allows actions against individuals, private entities and the government, and creates an exception to the South Carolina Tort Claims Act.
Would extend the civil statutes of limitations for sexual abuse, sexual assault, or incest from the age of 27 or 3 years from the date of discovery to the age of 55 or 5 years from the date of discovery, and makes it applicable to cases against individuals, private entities and the government, and creates an exception to the South Carolina Tort Claims Act.
SB 1008 opens a 1-year revival window for expired cases against perpetrators, private organizations, and the government.
HB 1196 opens a 2-year revival window for expired claims and extend the civil statutes of limitations by eliminating the current age 40 limit for the 3-year discovery rule.
HB 1196 failed in the House Judiciary Committee on February 24, 2020.
HB 247 extends the criminal statutes of limitations for felony unlawful sexual activity with a minor and also for the unlawful sexual conduct with a 16 or 17-year-old to age 28. The Governor signed the bill into law on March 28, 2020.
SB 724 extends the criminal statutes of limitations for misdemeanor sexual abuse of minors by adults more than three years older than the victim from age 19 to 23. The Governor signed the bill into law on March 11, 2020.
HB 610 opens a 2-year revival window for expired cases. The bill passed in House on January 31, 2020, but failed in the Senate Judiciary Committee on February 19, 2020. The bill was continued until 2021.
HB 4559 extends the civil statutes of limitations against perpetrators from age 22 to age 36 or 4 years from the date of discovery, whichever is later and the bill revives cases up to age 36 or 4 years from the date of discovery.
The bill also extends the civil statutes of limitations against other individuals or organizations from age 20 to age 36 and revives claims up to age 36. The Governor signed this bill into law on March 25, 2020.
HB 4592 extends the civil statutes of limitations from age 22 or 4 years from the date of discovery to age 55 and opens a 1-year revival window for expired cases against individuals, entities, perpetrators, and the government.
SB 709 eliminates the civil statutes of limitations and expands its application to organizations and individuals in addition to perpetrators.
SB 381 & AB 424 eliminate the civil statutes of limitations for sexual abuse of minors and also opens a 3-year revival window for expired cases against the government, perpetrators, and private organizations.
The bill failed on April 1, 2020.
S.F. 12 extends the civil statutes of limitations for sexual abuse of a minor from the age of 26 to the age of 53. The bill would revive expired statutes of limitations up to the age of 53, plus proved an additional two years for sex abuse victims who on the effective date are within two years of reaching age 53. The bill failed on February 14, 2020.
If you or a family member have been the victim of child sex abuse, contact the experienced lawyers at Parker Waichman LLP today. With our help, you can file a sex abuse lawsuit and receive the results that you deserve.
Our results shows that we are one of the top law firms for sexual abuse cases, and our firm has secured millions of dollars in monetary compensation for our clients. And when you work with one of our child abuse attorneys from our law firm, you will pay nothing up front or out of your pocket for our legal services because our firm only gets paid once you receive a jury award or settlement.
Parker Waichman LLP is devoted to representing your case with compassion, and we will fight for your best possible result. The law and our dedicated legal team are on your side and dedicated to obtain legal justice for child abuse victims and their families. Please contact our firm for a free legal consultation today and learn about how attorneys can help you.
Call 1-800-YOUR-LAWYER (1-800-968-7529) or contact us online as soon as possible to get a free consultation.
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