Understanding the statute of limitations for child sexual abuse cases is an important aspect for survivors seeking compensation through civil lawsuits. Each state has its own timeline that dictates how long victims have to file a claim after an incident occurs.
These time limits can vary widely, affecting a survivor’s ability to pursue justice and financial restitution for the harm they have endured.
These types of cases refer specifically to your ability to seek compensation from a defendant as opposed to criminal prosecution, which is handled by the state and operates under different principles and statutes of limitations.
If you’ve been a victim of child sexual abuse, Rosenfeld Injury Lawyers can help you learn more about the statute of limitations on sexual abuse by state.
WE ARE ONLY ACCEPTING SEXUAL ABUSE CASES INVOLVING INSTITUTIONS.
IF YOU HAVE A MATTER INVOLVING A RELATIVE OR ACQUAINTANCE, PLEASE CONTACT YOUR LOCAL BAR ASSOCIATION
Understanding the Statute of Limitations for Sexual Abuse Cases
The statute of limitations is a legal framework that sets the maximum period within which an individual can initiate a lawsuit after sexual abuse occurred. The laws governing the statute of limitations vary from state to state, impacting victims differently based on their location.
Criminal vs. Civil Cases
It’s important to differentiate between criminal cases, which are prosecuted by the state, and civil cases, where victims seek compensation from their abusers or accountable parties. These types of cases also have different statutes of limitations.
The timeframes can range from a few years from the date of the abuse to several decades, depending on the state and specific circumstances surrounding the case.
At Rosenfeld Injury Lawyers, we focus on civil cases, where survivors can seek legal recourse against their perpetrators or responsible institutions such as schools, churches, or hospitals.
You Can Pursue Compensation Regardless of Criminal Proceedings
Victims of sexual abuse should also be aware that they can pursue compensation even if the criminal statute of limitations has expired or if there is an ongoing criminal investigation.
Civil lawsuits operate independently of criminal proceedings, and survivors retain the right to seek damages in civil court regardless of the outcome of any criminal cases; it doesn’t matter if there is or isn’t a criminal conviction. This legal avenue provides an essential opportunity for victims to achieve justice and secure the resources they need to help them move forward.
Civil Statute of Limitations on Sexual Abuse by State
The civil statute of limitations for sexual abuse varies significantly from state to state, influencing the timeframe within which victims can file lawsuits. Below is a table of the general statutes of limitations for each state.
State | General Deadline | Damage Caps | Code | Discovery Rule | Other Exceptions |
---|---|---|---|---|---|
Alabama | 25 years old (6 years from 19 years old) | Punitive damages are capped at 3x the compensatory damages, up to $1.5 million. Claims against small businesses are capped at the lesser of $50,000 or 10% of their net worth. Claims against municipalities are capped at $100,000 per victim and $300,000 per accident. | Ala. Code § 6-2-8 | None | Disability: Statute of limitations starts when the disability is lifted. |
Alaska | None | Non-economic damages are capped at the greater of $400,000 or the victim’s remaining life expectancy multiplied by $8,000. Except in cases involving severe permanent physical impairment or severe disfigurement, the cap increases to the greater of $1,000,000 or the victim’s remaining life expectancy multiplied by $25,000. Punitive damages are generally capped at the greater of 3x compensatory damages or $500,000. | Alaska Stat. § 09.10.065 | Misdemeanor Sexual Abuse of a Minor: 3 years from the date they turn 18. Disability: Statute of limitations starts when the disability is lifted. | |
Arizona | 30 years old (12 years from 18) | None | Ariz. Rev. Stat. § 12-514 | Discovery rule applies to toll SOL in cases involving repressed memories of child sex abuse | Disability: Statute of limitations starts when the disability is lifted. |
Arkansas | None | None | Ark. Code § 16-118-118 | Any civil action based on sexual abuse which occurred when the injured person was a minor but is not discovered until after the injured person reaches the age of majority shall be brought within 3 years from the time of discovery of the sexual abuse by the injured party. | Disability: 3 years from when disability is lifted. |
California | None | None | Cal. Code Civ. Proc. § 340.1 | Within 5 years of discovery | |
Colorado | None | Non-economic damages are capped at $729,790, but with clear and convincing evidence of greater damages, courts may raise the cap to $1,459,600. Punitive damages are capped at the no more than the other total damages awarded in the case. | Colo. Rev. Stat. § 13-80-103.7 | ||
Connecticut | 51 years old (30 years for all vicims under 21) | None | Conn. Gen. Stat. § 52-577d | None | Convicted of Sexual Assault 1st Degree: No statute of limitations. Fraudulent Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered. |
Delaware | None | None | Del. Code tit. 10 § 8145 | ||
Florida | None for victims under 16 | None | Fla. Stat. § 95.11 | For individuals 16 and older, statute of limitations starts 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later. | 16 and Older: 7 years from the age of majority. |
Georgia | 23 years old | Punitive damages capped at $250,000, but this cap is removed if the defendant was intoxicated or intended to cause harm. | Ga. Code § 9-3-33.1 | 2 years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff. | |
Hawaii | For sexual abuse committed on or after July 1, 2024, a victim has until either 32 years after their 18th birthday or 5 years from when they discover, or should have reasonably discovered, that a psychological injury occurring after turning 18 was caused by the abuse, whichever is later. For abuse committed before then, the statute of limitations is 26 years old (8 years from 18) | Pain and suffering damages capped at $375,000 in most personal injury cases. The cap doesn’t apply in some situations. | Haw. Rev. Stat. § 657-1.8 | 3 years after the date the minor discovers or reasonably should have discovered that psychological injury or illness occurring after the minor’s 18th birthday was caused by the sexual abuse | Insane/Imprisoned (Disabilities): The statute of limitations begins once the disability is removed. |
Idaho | 23 years old (5 years from 18) | Probably not – Idaho has a cap on non-economic damages for personal injury cases, but this cap does not apply if the defendant acted recklessly, willfully, or if their conduct qualifies as a felony, making it unlikely to apply in these cases. | Idaho Code § 6-1704 | Statute of limitations begins when the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child | |
Illinois | None | None | 735 ILCS 5/13-202.2 | ||
Indiana | 7 years after the cause of action accrues or 4 years after they stop being dependent on the person who committed the abuse, whichever is later. | Punitive damages are capped at either 3 times the amount of compensatory damages awarded or $50,000, whichever is higher | Ind. Code § 34-11-2-4 | The statute of limitations begins when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another | Disability: 2 years from when disability is lifted. Fraudulent Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered. |
Iowa | 19 (1 year from turning 18) | None | Iowa Code § 614.8 | In cases where an adult discovers an injury resulting from childhood sexual abuse, they have 4 years from the time they recognize both the injury and its connection to the abuse to file a lawsuit for damages. | Disability: 1 year from when disability is lifted. |
Kansas | 31 years old (13 years from 18) or 3 years from criminal conviction, whichever is later | Punitive damages are capped at the lesser of the defendant’s highest annual gross income over the past 5 years (unless that is deemed not adequate, then up to 50% of their net worth, or $5,000,000. | Kan. Stat. § 60-523 | ||
Kentucky | 28 years old (10 years from 18) | None | Ky. Rev. Stat. § 413.249 | Statute of limitations begins when the victim knew or should have known of the act | |
Louisiana | None | None | La. Stat. tit. 9 § 2800.9 | ||
Maine | None | None | Me. Stat. tit. 14 § 752-C | ||
Maryland | None | Cases against public school boards and government entities are capped at $890,000 per abuse incident, while cases against private institutions, including independent schools, are capped at $1.5 million. | Maryland Child Victims Act | ||
Massachusetts | 35 years from the date of the act | None | Mass. Gen. Laws ch. 260 § 4C 1/2 | 7 years from the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act | |
Michigan | 28 years old | None | Mich. Comp. Laws § 600.5851b | 3 years from the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual’s injury and the causal relationship between the injury and the criminal sexual conduct | Position of Authority: All victims of sexual assault after December 31, 1996, can file civil charges if the defendant was in a position of authority or involved in unethical medical treatment of the victim. |
Minnesota | None | None | Minn. Stat. § 541.073 | ||
Mississippi | 21 years old (3 years from turning 18) | Non-economic damages are capped at $1 million (but constitutionality of this limit is in dispute), punitive damages are generally capped based on the defendant’s net worth. | Miss. Code § 15-1-59 | Disability: 3 year from when disability is lifted. | |
Missouri | 31 years old (10 years from age 21) | None | Mo. Rev. Stat. § 537.046 | 3 years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse. | |
Montana | 27 years old | Punitive damages are capped at $10 million or 3% of a defendant’s net worth, whichever is less. | Mont. Code § 27-2-216 | 3 years from the date the plaintiff discovers, or reasonably should have discovered, that the injury was caused by childhood sexual abuse. | Disability: Statute of limitations doesn’t begin until disability is lifted, but can never be extended more than 5 years for a disability. |
Nebraska | None | None | Neb. Rev. Stat. §§ 25-228 | ||
Nevada | None | Punitive damages are capped at $300,000 if compensatory damages are less than $100,000, but if compensatory damages are $100,000 or more, the cap increases to three times the amount of compensatory damages. | Nev. Rev. Stat. § 11.215 | ||
New Hampshire | None | None | N.H. Rev. Stat. § 508:4-g | ||
New Jersey | 55 years old (37 years from 18) | None | N.J. Stat. § 2A:14-2a | 7 years from the date of reasonable discovery of the injury and its causal relationship to the act. | |
New Mexico | 24th birthday or 3 years from the date that a person first disclosed the person’s childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from the provider, whichever is later. | None | N.M. Stat. § 37-1-30 | Statute of limitations begins running at the time a plaintiff knew or had reason to know of the connection between the alleged childhood sexual abuse and the injury, as established by competent medical or psychological testimony. | |
New York | 55 years old | None | N.Y. CPLR 208 | Disability: 3 year from when disability is lifted. | |
North Carolina | 28 years old (10 years from turning 18) or 2 years after abuser is convicted of a felony | Punitive damages are capped at the greater of 3 times the compensatory damages or $250,000. | N.C. Gen. Stat. § 1-17 | Disability: 10 years from when disability is lifted. | |
North Dakota | Under 15: Until 36th birthday. Between 15 and 18: 21 years from the date of last abuse. | None | N.D. Cent. Code § 28-01-25.1 | Disability: Statute of limitations doesn’t begin until disability is lifted, but can never be extended more than 5 years for a disability. | |
Ohio | 30 years old (within 12 years of 18) | Non-economic damages are capped at $250,000 or 3 times the economic damages, up to $350,000 per plaintiff and $500,000 per accident, except in cases of catastrophic injuries like severe physical deformities or injuries preventing self-care, where no cap applies. Punitive damages are capped at 2 times the amount of the compensatory damages. If the defendant is a small business over, punitive damages are capped at 10% of the defendant’s net worth, up to a maximum of $350,000. | Ohio Rev. Code § 2305.111 | Fraudulent Concealment: Statute of limitations doesn’t begin to run until the fraud is discovered or should have been discovered. | |
Oklahoma | 45th birthday | None | Okla. Stat. tit. 12 § 95 | ||
Oregon | Before 40 years old | None | ORS § 12.117 | 5 years from the date the person discovers or in the exercise of reasonable care should have discovered the causal connection between the child abuse and the injury | |
Pennsylvania | 55 years old (37 years after turning 18) | None | 42 Pa. C.S. § 5533 | ||
Rhode Island | 53 years old (35 years from turning 18) | None | R.I. Gen. Laws § 9-1-51 | 7 years from the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act | |
South Carolina | 27 years old (6 years from turning 21) | Punitive damages are capped at the greater of 3 times the compensatory damages awarded to each claimant or $500,000. | S.C. Code § 15-3-555 | 3 years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest | |
South Dakota | 3 years from date of act | None | S.D. Codified Laws § 26-10-25 | 3 years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act. | |
Tennessee | For child sexual abuse occurring before July 1, 2019, but not discovered at the time, victims have 3 years from the time they discover the abuse to file a claim. For abuse occurring on or after July 1, 2019, victims have either 15 years from their 18th birthday or, if the abuse was not discovered at the time, 3 years from the time of discovery, whichever is later. | In most cases, non-economic damages are capped at $750,000, but this cap increases to $1,000,000 for catastrophic injuries; punitive damages are limited to the greater of 2 times compensatory damages or $500,000. Both caps are eliminated if the defendant had intent to cause serious injury, falsified or concealed evidence, was under the influence of alcohol or drugs, or if their actions would lead to a felony conviction. | Tenn. Code § 28-3-116 | 3 years from the time of discovery of the abuse by the injured person | |
Texas | 48 years old (30 years from turning 18) | None | Tex. Civ. Prac. & Rem. Code § 16.0045 | ||
Utah | None | None | Utah Code § 78B-2-308 | 4 years from discovery | |
Vermont | None | None | Vermont 12 V.S.A. § 522 | ||
Virginia | 38 years old (20 years from turning 18) | Punitive damages are capped at $350,000 | Va. Code § 8.01-243 | ||
Washington | 21 years old (3 years from turning 18) | None | Wash. Rev. Code § 4.16.340 | 3 years from the time the victim discovered, or reasonably should have discovered, that the injury or condition was caused by the act, or within 3 years from when the victim realized the act caused the injury for which the claim is brought. | |
Washington, D.C. | If the sexual abuse occurred when the victim was younger than 35, claims must be filed by the time the victim turns 40 | None | D.C. Code § 12-301 | 5 years from when the victim knew, or reasonably should have known of sexual abuse | |
West Virginia | 36 years old (18 years from turning 18) | None | W. Va. Code § 55-2-15 | 4 years after discovery of the sexual assault | |
Wisconsin | Before 35 years old | None | Wis. Stat. § 893.587 | Disability: Statute of limitations is 2 years from when disability is lifted, but can never be extended more than 5 years for a disability. | |
Wyoming | 26 years old (8 years from turning 18) | None | Wyo. Stat. § 1-3-105 | 3 years from discovery |
Understanding the civil statute of limitations for sexual abuse is crucial for victims seeking justice, as it directly impacts their ability to file lawsuits and pursue compensation within their respective states. While this table provides an overview of the deadlines, there are often exceptions, making it essential to work with a personal injury lawyer right away.
Exceptions and Extensions
Understanding the nuances of civil and criminal statutes of limitations is essential for child sex abuse victims seeking justice.
The statutory timeframes within which a victim may file a civil claim for sexual abuse can vary significantly depending on specific circumstances surrounding the case, as there are differences in jurisdictions as well as exceptions to the general rules, especially as they relate to minors. Some of the most common exceptions to the civil statutes of limitations include the following:
Discovery Rule
In many jurisdictions, the discovery rule allows for an extension to the civil statute of limitations for victims who did not initially recognize the impact of sexual abuse suffered.
When a victim discovered that the emotional or psychological injury resulting from acts of sexual conduct, such as unlawful sexual penetration or abuse, has significantly affected their life, they may be entitled to file a civil claim beyond the usual time limits.
This is particularly relevant for those whose psychological trauma from the abuse was not apparent at the time of the incident, including acts involving sexual battery or any other related felony sexual offense.
Age of Majority
Another important exception is the consideration of the victim’s age. Many states recognize that child victims of sexual abuse are often not in a position to pursue legal action until they reach adulthood. In such cases, the statute of limitations may be tolled until the individual reaches 18.
This means that if a state has a 3-year statute of limitations, the victim who has been sexually abused would have until their 21st birthday to file a civil claim for sexual abuse (and possibly additional time due to the discovery rule).
Extended Statute of Limitations for Felony Sex Abuse
Many jurisdictions have also opted to extend the statute of limitations for civil claims related to felony sexual offenses, making them longer than the statutes of limitations for misdemeanor sexual abuse or misdemeanor sexual assault. This extension allows victims to pursue legal action for a longer period, recognizing that the effects of trauma can delay an individual’s willingness or ability to come forward.
Legislative Changes
In recent years, various jurisdictions have enacted laws to extend or eliminate the statute of limitations for civil claims related to certain sexual offenses, particularly those involving minors. Many of these changes have significantly extended the statute of limitations for these civil claims – often up until the victim reaches their 40s or 50s in some cases.
Such legislative changes reflect a growing recognition of the long-lasting impact of these crimes and the importance of allowing victims to come forward regardless of when the child sex abuse occurred. Victims should remain informed about their rights and any new laws that may impact their ability to seek justice for criminal sexual contact or related felony sexual offenses.
Revival Windows
Revival windows are specific periods established by law that allow survivors of child abuse to file claims even after the typical statute of limitations has expired. These windows are often temporary and give victims a chance to seek justice, regardless of how much time has passed since the abuse occurred.
For instance, a state may create a revival window that lasts for one year, during which individuals who were previously unable to file a claim can come forward, no matter when the abuse occurred. This approach acknowledges the challenges many victims face in coming to terms with their experiences and provides them with an opportunity to hold offenders accountable for their actions.
Potential Damages in Child Sexual Abuse Cases
When addressing child sexual abuse, it is essential to understand the potential damages that a victim may pursue in their legal claims. These damages can encompass a range of physical and psychological injuries resulting from acts of sexual assault, exploitation, or abuse.
Below are the primary types of damages that may arise in cases involving alleged sexual abuse, sexual battery offenses, or other related felony sexual offenses.
What Constitutes Sexual Abuse and Assault
Sexual abuse encompasses a range of unlawful acts primarily focused on the exploitation of individuals, particularly children. It includes various forms of misconduct that result in physical or psychological injury. Understanding these classifications is vital for victims, as it directly influences their ability to file civil claims and seek justice.
Your Next Steps
It is essential for victims of criminal sexual assault or any other act constituting sexual abuse to consult with a qualified sexual abuse attorney as soon as possible. Timeliness is essential in pursuing claims, as there are specific statutes of limitations that dictate the timeframe within which a lawsuit must be filed.Â
Working with an experienced legal professional from Rosenfeld Injury Lawyers can significantly enhance the likelihood of a successful outcome by ensuring that all legal requirements are met and that your case is presented effectively.
Contact us today to schedule your free consultation. Call (888) 424-5757 us or complete our online contact form.