Statute Of Limitations

A statute of limitations caps the time for filing a lawsuit. Deadlines for filing lawsuits may seem arbitrary. However, these limits ensure fairness by encouraging survivors to sue before memories fade and evidence disappears.Survivors of sexual assault must understand and comply with their state’s time bar. Bachus & Schanker can analyze your case based on your location and determine any deadlines in your case. Contact us to talk to a sexual assault lawyer, even if your abuse happened years ago, to discuss the statute of limitations that applies to your situation.

Time Limits For Filing Civil Claims vs. Criminal Charges

Sexual assault and abuse are crimes punishable by the state. They are also private wrongs or torts that provide the basis for a lawsuit. Both types of claims may be subject to a filing deadline.

The criminal statute of limitations sets the time limit for prosecutors to file criminal charges against an alleged abuser. The civil statute of limitations determines when you can file a lawsuit for the alleged assault or abuse. These deadlines are not governed by the same rules.

What Is The Statute Of Limitations For Sexual Abuse Lawsuits?

You and your sexual assault attorney will file a personal injury lawsuit to seek compensation for unwanted, harmful, or offensive physical contact or threatened contact. Each state has a distinct personal injury statute of limitations.

Before discussing the sexual assault statute of limitations by state,​ bear in mind that this list is merely a guide. States often have exceptions that might allow you to file even though you missed the deadline.

The deadline for filing sexual assault lawsuits in the following states is one year:

• Arkansas — but three years for children
• Tennessee — the latter of 15 years after age 18 or three years after discovery of childhood sexual abuse

The following states give survivors two years to file:

• Alabama
• Arizona — 12 years after age 18 for children
• California — no time limit for childhood abuse
• Delaware — no time limit for childhood abuse
• Georgia — age 23 for children
• Hawaii — 32 years after age 18 for children
• Idaho — five years after age 18 for children
• Illinois — no time limit for childhood abuse
• Indiana — seven years after turning 18 for children
• Iowa — one year after age 18 or four years from discovery of childhood abuse
• Kansas — 10 years after age 18 for children
• Louisiana — no time limit for children
• Nevada — no time limit for children
• New Jersey — 37 years after age 18 for children
• Ohio — 12 years after age 18 for children
• Oklahoma — age 45 for childhood abuse
• Oregon — age 40 for childhood abuse
• Pennsylvania — 37 years after age 18 for children
• Texas — 30 years after age 18 for children
• Virginia — 20 years after age 18 for children
• West Virginia — 18 years after age 18 for children

The statute is three years in the following states:

• Maryland — no time limit for childhood abuse
• Massachusetts — 35 years for children
• Michigan — 10 years after age 18 for children
• Mississippi — three years after turning 18 for children
• Montana — age 27 for children
• New Hampshire — no time limit for children
• New Mexico — age 24 or three years after first disclosure of childhood abuse
• New York — age 55 for children
• North Carolina — 10 years after turning 18 for children
• Rhode Island — 35 years after turning 18 for children
• South Carolina — six years after turning 21 for children
• South Dakota
• Vermont — no time limit for children
• Washington — three years after turning 18 for children
• Wisconsin — before age 35 for children

The following states set a four-year deadline:

• Florida — no time limit for abuse of children under 16
• Nebraska — no time limit for children
• Utah — no time limit for childhood abuse
• Wyoming — eight years after age 18 for children

Missouri gives adults five years and children 10 years after turning 21.

The deadline is six years in the following states:

• Maine —  no time limit for childhood abuse
• Minnesota —  no time limit for childhood abuse
• North Dakota —  age 36 for abuse under 15 and 21 years after the last date of abuse between 15 and 18

Three states, Alaska, Colorado, and Connecticut, have no statute of limitations in most cases.

Can You Still File A Claim If The Abuse Happened Years Ago?

Depending on your state’s statute of limitations on sexual assault, you may have several years to file a personal injury lawsuit against an assailant. This is particularly true for minors, but it can apply to all sexual assault types in some states.

You should not assume your rights have expired due to the passage of time. You may be able to file a lawsuit for injury compensation even for assaults or abuse that occurred years ago. You should consult an attorney from Bachus & Schanker to analyze your unique circumstances and explain your options for seeking justice.

How State Laws Are Changing For Survivors

As illustrated by the list, many states have extended or removed time limits for lawsuits in favor of survivors. The biggest moves have occurred for lawsuits alleging childhood sexual abuse.

These different deadlines for child victims and adult victims recognize that adults have the legal capacity to file lawsuits while children do not. Additionally, children might suppress memories about the abuse or their effects until later in life due to shame or fear. States give them more time to pursue justice for their injuries.

Talk To A National Attorney About Your Legal Options

You may have the right to pursue a claim against those responsible for your abuse, even though significant time has passed. We are so sorry this has happened to you, and we invite you to contact us to determine your deadline for a personal injury lawsuit, so you can secure justice and financial compensation for your abuse.

Contact Us To Learn More Today.