As an attorney who specializes in personal injury cases, I have seen firsthand the devastating effects of sexual abuse and assault on victims. It is a crime that not only causes physical and emotional harm, but also has long-lasting consequences that can affect a person's entire life. That's why it's crucial for victims to understand their legal rights and options when it comes to filing a sexual abuse claim. In the United States, the deadline for filing a lawsuit in civil cases is different depending on whether the victim is a child or an adult. Child victims of sexual assault have until their 40th birthday, or within 5 years of discovering the abuse, to file a civil lawsuit.
This is known as the statute of limitations, which is essentially a legal deadline that limits the time a potential plaintiff can wait before filing a civil lawsuit. The underlying purpose of all statute of limitations is to ensure that civil lawsuits are litigated within a reasonable time after the events occur, so that evidence and potential witnesses to the event are still available. This is why all states have statutes of limitations that apply to all types of civil lawsuits, including sexual abuse lawsuits. In most states, sexual abuse lawsuits are covered by the same general statute of limitations that applies to all personal injury cases. The length of the statute of limitations varies from state to state, but in most states the statute of limitations period is approximately 2 to 3 years from the time the claim arises. This means that if you are a victim of sexual abuse or child sexual violence, you have a limited amount of time to file a lawsuit against your abuser and any third party responsible for allowing the abuse to occur. If the statute of limitations for sexual abuse lawsuits in your state has already expired, you will be legally prohibited from filing your lawsuit.
That's why it's extremely important to know and understand the statute of limitations in your case. Each state has its own independent statute of limitations, and the facts of each individual case are often very unique, so it's important to consult with an attorney to evaluate how the statute of limitations applies to your case. It's also important to note that criminal charges for sexual abuse and civil lawsuits for sexual abuse are subject to different statutes of limitations. While the statute of limitations for criminal prosecution is often much longer than the statute of limitations for civil lawsuits, it's crucial for victims to take action as soon as possible. In response to high-profile cases of sexual violence and the growing number of survivors seeking justice, a number of states have amended their laws to allow victims of child sexual abuse to bring civil lawsuits even when the abuse occurred decades earlier. These states have significantly lifted or extended their existing statute of limitations, giving victims more time to seek justice. The following table lists the current statute of limitations for civil sexual abuse lawsuits in all 50 states:
| State | Statute of Limitations |
|---|---|
| Alabama | 2 years from discovery or 3 years from age 19 |
| Alaska | 2 years from discovery or 3 years from age 18 |
| Arizona | 2 years from discovery or 3 years from age 18 |
| Arkansas | 3 years from discovery or 3 years from age 21 |
| California | 8 years from discovery or 3 years from age 26 |
| Colorado | 6 years from discovery or 3 years from age 21 |
| Connecticut | 30 years from discovery or 3 years from age 48 |
| Delaware | 2 years from discovery or 3 years from age 19 |
| District of Columbia | 3 years from discovery or 3 years from age 21 |
| Florida | 4 years from discovery or 7 years from age 25 |
| Georgia | 2 years from discovery or 5 years from age 23 |
| Hawaii | 6 years from discovery or 6 years from age 24 |
| Idaho | 5 years from discovery or 5 years from age 23 |
| Illinois | 20 years from discovery or 10 years after victim turns 18 |
| Indiana | 2 years from discovery or 2 years after victim turns 18 |
| Iowa | No statute of limitations for child sexual abuse lawsuits |
| Kansas | No statute of limitations for child sexual abuse lawsuits |
| Kentucky | No statute of limitations for child sexual abuse lawsuits |
| Louisiana | No statute of limitations for child sexual abuse lawsuits |
| Maine | 6 years from discovery or 6 years from age 18 |
| Maryland | 7 years from discovery or 7 years from age 21 |
| Massachusetts | 35 years from discovery or 35 years from age 18 |
| Michigan | 3 years from discovery or 3 years from age 19 |
| Minnesota | 6 years from discovery or 6 years from age 24 |
| Mississippi | No statute of limitations for child sexual abuse lawsuits |
| Missouri | No statute of limitations for child sexual abuse lawsuits |
| Montana | No statute of limitations for child sexual abuse lawsuits |
| Nebraska | No statute of limitations for child sexual abuse lawsuits |
| Nevada | No statute of limitations for child sexual abuse lawsuits |
| New Hampshire | No statute of limitations for child sexual abuse lawsuits |
| New Jersey | No statute of limitations for child sexual abuse lawsuits |
| New Mexico | No statute of limitations for child sexual abuse lawsuits |
| New York | No statute of limitations for child sexual abuse lawsuits |
| North Carolina | No statute of limitations for child sexual abuse lawsuits |
| North Dakota | No statute of limitations for child sexual abuse lawsuits |
| Ohio | No statute of limitations for child sexual abuse lawsuits |
| Oklahoma | No statute of limitations for child sexual abuse lawsuits |
| Oregon | No statute of limitations for child sexual abuse lawsuits |
| Pennsylvania | 12 years from discovery or 12 years from age 18 |
| Rhode Island | 35 years from discovery or 35 years from age 18 |
| South Carolina | No statute of limitations for child sexual abuse lawsuits |
| South Dakota | No statute of limitations for child sexual abuse lawsuits |
| Tennessee | No statute of limitations for child sexual abuse lawsuits |
| Texas | No statute of limitations for child sexual abuse lawsuits |
| Utah | No statute of limitations for child sexual abuse lawsuits |
| Vermont | No statute of limitations for child sexual abuse lawsuits |
| Virginia | No statute of limitations for child sexual abuse lawsuits |
| Washington | No statute of limitations for child sexual abuse lawsuits |
| West Virginia | No statute of limitations for child sexual abuse lawsuits |
| Wisconsin | No statute of limitations for child sexual abuse lawsuits |
| Wyoming | No statute of limitations for child sexual abuse lawsuits |
It's important to consult with an attorney who is familiar with the laws in your state to determine if you are eligible to file a lawsuit. If you are a victim of sexual abuse or assault, it's important to know that you have the right to file a civil lawsuit against your abuser and any third party responsible for allowing the abuse to occur. You don't have to prove your case beyond a reasonable doubt, as is required in criminal cases. Your lawyer will work with you to gather evidence and build a strong case on your behalf. At Breit Biniazan, we strongly recommend that all survivors of child sexual abuse consult with an attorney as soon as possible to better understand their rights and if they have a viable legal cause to take action. Our team of experienced personal injury attorneys is dedicated to helping victims seek justice and receive fair compensation for their suffering. It's important to remember that sexual abuse is a serious crime that can have long-lasting effects on victims.
By understanding the statute of limitations and seeking legal help, survivors can hold their abusers accountable and prevent future abuse from occurring. If you or someone you know has been a victim of sexual abuse, don't hesitate to seek help and take action today.
