Statute of Limitations for Sex Abuse Cases
Statute of Limitations
A Statute of Limitations (SOL) is a timer, counting down the time in which a party may file a lawsuit. Generally, the SOL begins to run from the date of the occurrence that caused the injury. In some specific situations, a legislature might extend or reduce the SOL.
According to the National Center for Victims of Crime, nearly every U.S. state adjusts its general SOL for civil actions around injuries that occurred while a victim is a minor.
Many states have broadened the rights of sex abuse victims in criminal courts. Some states have also expanded civil court rights, despite well-funded opposition from the Catholic Church, Boy Scouts of America, and others.
Many of these extensions are based on a discovery concept: victims of childhood sexual abuse may experience “delayed discovery” because they repress memories of abuse due to emotional and psychological trauma. According to the Houston Chronicle, neuroscience research now shows that about one in three child sex abuse victims suffers from post-traumatic stress disorder. Child abuse victims often do not come forward until after their 50th birthdays.
In reviewing statutes of limitations, it is critical to note that every state has its own rules and interpretations of those rules. Moreover, state laws are always subject to change, by new legislation or court decision.
Some states have entirely eliminated the statute of limitations for some child sex abuse civil cases:
- Alaska – eliminated for felony sex abuse of a minor and felony sexual assault, unlawful exploitation of a minor, and felony sex trafficking or felony human trafficking
- Arizona – eliminated for action based on sex trafficking of minors and adults
- Colorado – eliminated for sexual assault of minors and adults; for sexual misconduct with minors
- Connecticut – eliminated if events forming the civil claim led to the conviction of first-degree aggravated sexual assault or sexual assault
- Delaware – eliminated for action based on sexual abuse of a minor by an adult
- Florida – eliminated for sexual battery offenses committed against victims under 16 years old
- Guam – eliminated for action based on child sexual abuse
- Illinois – eliminated for action based on childhood sexual abuse
- Louisiana – eliminated for actions based on sexual abuse of a minor
- Maine – eliminated for action based on sexual contact or a sexual act with a minor
- Minnesota – eliminated for action based on sexual abuse of a minor
- Nebraska – eliminated for action based on sexual assault of a child against a perpetrator
- Nevada – eliminated for action based on child sex abuse against a perpetrator where there is clear and convincing evidence of the abuse
- New Hampshire – eliminated for action based on sexual assault or related offenses against minors and adults
- Northern Mariana Islands – eliminated for action based on child sexual abuse
- Oklahoma – eliminated against perpetrators
- Utah – eliminated for action based on intentional or negligent sexual abuse of a minor against a perpetrator
- Vermont – eliminated for action based on childhood sexual abuse
Other states have not eliminated the SOL entirely for sexual assault civil cases, but have extended it for certain categories of victims:
- Arkansas: SOL to age 55; 2-year window to sue
- Georgia: SOL to age 38; 1-year revival window against perpetrators and entities
- Kentucky: SOL to age 28 for claims of child sexual abuse; revived claims within 5 years of SOL expiration
- Mississippi: SOL to age 24
- Missouri: SOL to age 31 against the perpetrator, 26 for other defendants; 3-year statutory discovery rule for claims against perpetrators
- North Carolina: SOL to age 28
- South Carolina: SOL to age 27; discovery rule allows 3 years
- Tennessee: SOL to age 33; discovery rule allows 3 years
- Texas: SOL to age 48
- Virginia: SOL to age 38 or 2 years from discovery
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