The Complexities of Sexual Abuse Statute Limitations

Dealing with sexual abuse is hard enough. Survivors don’t need an arbitrary “deadline” to make matters worse. But, that’s what statute of limitations laws do.

Here’s the problem: Statute of limitations set deadlines for filing sexual abuse lawsuits and criminal charges. If you don’t file by that date, your chance to pursue justice is lost. Many states are now understanding this and changing laws to give survivors more time. Understanding sexual abuse statute of limitations and other important time limits, such as look-back windows, can be difficult for victims. The purpose of this article is to make the current state of sexual abuse statute of limitations as clear as possible.

Here’s what we’ll cover:

• How Statute of Limitations work in sexual abuse cases
• Why survivors don’t come forward until years later
• Recent law changes that are opening more paths to justice
• What look-back windows are and how they impact survivors

How Statute of Limitations work in sexual abuse cases

Statute of limitations is a law that sets the time limit in which you can file a lawsuit or press charges. In sexual abuse cases, this deadline is the last date you can file a civil or criminal case against your abuser. If you miss the deadline, your case is usually dismissed before it can be heard.

Sexual abuse cases are different. That’s why some states are finally changing their statutes of limitations for sexual abuse cases.

The old statute of limitations laws were designed with the false assumption that crime victims immediately come forward to press charges or file a lawsuit. But, for child abuse survivors, this is often not the case.

The average age for reporting sexual abuse is 52 years old.

Most survivors don’t come forward until their 50’s. Some never tell.

Why survivors don’t come forward until years later

So, why don’t more survivors of sexual abuse come forward until decades after the abuse?

The reasons are numerous. They include:

• Fear
• Shame
• Not knowing what to do
• Being threatened by the abuser
• Fearing others in the abuser’s life
• Feeling guilty for not stopping the abuse sooner

These are just a few reasons. Other barriers to reporting abuse can include:

• Not understanding that what happened was abuse
• Denying or minimizing the abuse
• Protecting family members
• Family, cultural or community pressures
• Concerns about the legal process and privacy

Victims of child sexual abuse are especially susceptible to manipulation. Abusers can convince a child that the abuse is normal, their fault or something they shouldn’t tell.

When the abuser is a parent, religious leader, teacher or someone in authority, it’s even harder for victims to come forward.

Recent law changes that are opening more paths to justice

Fortunately, laws are changing.

In the past decade, many states have recognized that statute of limitations for sexual abuse cases need reform. Many have either eliminated deadlines entirely or extended the amount of time you have to file a civil lawsuit.

California. California law allows survivors of childhood sexual abuse to file claims until age 40 or within five years of discovering the abuse. For any abuse that occurs on or after January 1, 2024, there is no statute of limitations period.

New York. New York has extended the statute of limitations for childhood sexual abuse civil cases. Victims can now file a lawsuit until they turn 55.

Vermont. Vermont completely eliminated statute of limitations for civil actions related to childhood sexual abuse.

Colorado. Colorado removed all statute of limitations for civil lawsuits related to sexual abuse effective January 1, 2022.

The list goes on. Many states have reforms that recognize that trauma doesn’t heal on someone else’s schedule.

What look-back windows are and how they impact survivors

Look-back windows are “windows” of time that allow people to file a lawsuit even if the statute of limitations deadline has expired. Look-back windows are important because they provide a second chance for justice.

As of this writing, there is a federal look-back window in place.

It began February 1, 2024 and will last until January 31, 2026. The look-back window is the result of the Justice for Vulnerable Victims of Sexual Abuse Act. This extension applies to federal civil cases, regardless of the abuse date.

That means if you have suffered abuse by someone in the federal government or at a federal agency or by a person who has used that status to commit abuse, you may file a federal civil claim.

Do not wait. Once this window closes in January 2026, it is not likely to be reopened.

Many states have also created their own look-back windows.

Mississippi has suspended statute of limitations from July 1, 2024 to June 30, 2027 for all civil and criminal sexual abuse cases. Louisiana has a three-year look-back window for child sexual abuse.

Understanding the difference between civil and criminal cases

It’s important to note that sexual abuse cases can be filed in two ways: as criminal cases and civil cases. These are different, with different statute of limitations and different results.

Criminal cases are the charges filed by the state, such as a prosecutor’s office. They can result in jail or prison for the abuser and a criminal record. The good news is many states have eliminated or extended criminal statute of limitations for serious cases of sexual abuse.

Civil cases are lawsuits filed by the survivor seeking money compensation for their injuries. The cases are different from criminal cases and often have shorter time limits.

Here’s why this is important…

Civil cases can still be filed in many cases even after the criminal statute of limitations has expired. The survivor may not be able to file criminal charges, but civil is still an option. Survivors can be awarded money compensation for things such as therapy, medical bills, lost wages and emotional distress.

The discovery rule exception

In many states, there is what’s called a “discovery rule” extension for the statute of limitations.

The discovery rule means the time limit doesn’t begin until you actually realize the abuse occurred and how it affected you. This is a big deal for survivors who repressed memories or didn’t make the connection between the abuse and current problems.

Say, you were abused at age 10 but didn’t realize until age 35. The discovery rule could mean you still have time to file, even though many years have passed since the abuse.

Discovery rules are different in each state. But, they’re a recognition that sexual abuse doesn’t “injure” survivors in the same way as, say, a broken arm or car accident.

Survivors may not understand what happened to them was abuse. Or, they may have blocked out memories of the abuse as a form of protection.

Take Action Today

If you’re a survivor, knowledge is power.

Statute of limitations laws change all the time. They vary greatly from state to state. In some states, you may have several years. In others, it may be a few months.

The best advice: Talk to an attorney who understands the current state of sexual abuse laws. Many firms will provide a free consultation to discuss your case. They can review the facts and deadlines that apply to you.

Survivors have been coming forward by the thousands in recent years. Laws have changed. More options exist now than ever before. Don’t assume it’s too late. You have the right to know your options.

Wrapping this up

Sexual abuse statute of limitations are confusing. Changing all the time. Different in every state.

But remember this: there are more options now than ever before. States are starting to recognize that survivors need time to heal and process before coming forward. Look-back windows are allowing more survivors to seek justice.

The key takeaways:

• Statute of limitations laws place a time limit on when you can file a lawsuit or charges against your abuser.
• Many states have eliminated or extended statute of limitations for sexual abuse cases.
• Look-back windows are opening to allow survivors who were previously “barred” from seeking justice.
• Civil and criminal cases have different time limits.
• The discovery rule exception in many states is the key to allowing abuse survivors to come forward decades later.