Case Overview
Sometimes, it takes years for childhood sex abuse victims to seek criminal or civil justice for the harms perpetrated against them. In the past, the statute of limitations (SOLs) may have prevented them from seeking justice. Statutes of limitations are unforgiving and do not account for the delayed disclosures of child survivors. But federal and state governments have begun to recognize this reality for survivors and changes have been made for the statutes of limitations that address sexual abuse.
Key takeaways about statutes of limitations for sexual abuse
- Statutes of limitations are policies that restrict the amount of time prosecutors or victims have to file charges or lawsuits against a perpetrator.
- Some states are extending or eliminating statutes of limitations related to sexual abuse.
- If you were abused years or decades ago, an attorney with experience in sexual abuse lawsuits can explain the statutes of limitations that apply to your case.
What is a statute of limitations?
Statutes of limitations – or SOLs – are laws that set a time limit on being able to:
- Charge a person or entity for a crime
- File a civil lawsuit against a person or entity
The purpose of statutes of limitations is to prevent the filing of fraudulent claims built on old, non-existent or lost evidence. Statutes of limitations are unforgiving. They don’t often have many exceptions for survivors of sexual abuse to toll – or pause – their deadline. This limitation can make it harder to file criminal charges or a civil lawsuit.
Adults who were sexually abused as children may not recognize or appreciate the impact of their sexual abuse until decades after. In fact, most survivors of sexual abuse do not disclose their abuse until an average age of 52. By the time they learn otherwise, the statute of limitations in their jurisdiction may have long since passed. A number of states and the federal government have acted in recent years to help survivors hold their perpetrators and the institutions accountable by extending criminal and civil SOLs.
In 2019, Vermont became the first state to eliminate statutes of limitations in civil child sex crime cases. Other states soon followed Vermont’s lead.
Some states, like New York and New Jersey, also implemented “window laws” or “lookback windows” to address sex abuse cases that were beyond the prior statute of limitations.
Delayed disclosure of sex abuse
Researchers have found that child sex abuse victims are reluctant to report their perpetrators or the institutions that protect them. The reasons for being reluctant to report sexual abuse is nuanced. In some cases, the perpetrators are employees of exclusive schools, community authority figures or others who can intimidate victims into silence.
In a study of sexual abuses allegedly committed by the Boy Scouts of America, researchers found that 40% of the victims were 50 – 70 years old when they disclosed their abuse. Victims who were under 18 years old when they came forward made up the second largest group at 33%.
Lookback windows
Although states have extended or even eliminated their statutes of limitations for criminal prosecutions and civil lawsuits, not all these changes have been retroactive. Despite this progress, some survivors remain unable to file civil lawsuits, even under the framework of new laws.
However, depending on the state law, some survivors may be able to use lookback windows to get civil justice for their harms. Also known as “window laws” or “revival laws,” these policies temporarily allow survivors a window of time to file civil lawsuits. Lookback windows typically apply to assaults that occurred decades ago, even if the perpetrator has died. Survivors can also sue the institutions that turned a blind eye to abuses and protected the perpetrators. One such example is the Catholic Church that transferred known perpetrators to different parishes to avoid accountability and detection.
The Child Victims Act enacted by the State of New York originally had a one-year limit, but it was extended because of the COVID-19 pandemic. New Jersey and several other states have also extended the time limit for victims to file civil sex abuse claims.
An attorney with experience litigating sex assault cases can evaluate your situation, including applicable statutes of limitations and window laws.
Read more about lookback windows.
Is there a statute of limitations on sexual abuse?
In the U.S., statutes of limitations for sex abuse are governed by the state where the abuse occurred and the age of the survivor. For example, in Utah, a survivor may bring a civil claim against the institution that facilitated the perpetrator in their abuse until the day before their 22nd birthday. However, that same survivor does not have a statute of limitations to bring a civil case against their perpetrator. We rely upon state law statutes to seek justice because the only federal statute of limitations regarding sexual abuse relates to human trafficking claims, which can be different from a sex abuse claim.
A sexual abuse litigation attorney can evaluate applicable statutes of limitations in your situation. Even if you think your case might be past the statute of limitations, consult an attorney before deciding not to speak out against your abusers.
Types of sexual abuse and their definitions
Some statutes of limitations may also address different types of sexual abuse. Below are some definitions states might use to distinguish different types of unwanted sexual conduct.
- Rape: Penetration without consent (which a child or person with disabilities legally cannot legally give), no matter how slight, of the vagina, anus or mouth with any body part or object.
- Childhood sexual abuse: Mistreating children in a sexual manner, which can include the perpetrator exposing themselves to a child or forcing children to perform sex acts like oral sex or masturbation. Perpetrators might use threats to involve victims in these acts.
- Sexual assault: Forcing a victim to engage in any sort of sexual act against their will, including groping, kissing or touching.
The exact wording of laws may vary from state to state.
Contact a sexual abuse attorney
Sexual abuse thrives in secrecy and in the dark. When survivors don’t come forward, perpetrators are emboldened to continue their abuse of children. If you’ve been sexually abused, no matter how long ago, seeking justice can help you find closure and prevent predators from victimizing others.
Our trauma-informed sexual abuse lawyers can evaluate your case. To explore your legal options, contact our team by filling out our online form or calling 1.800.768.4026.
How sexual abuse statutes of limitations vary by state
The exact wording of statutes of limitations and lookback windows varies state by state. Some tend to be more favorable to survivors of sexual abuse than others.
- Very favorable: Vermont has no statute of limitations for childhood sexual assault.
- Somewhat favorable: New Jersey allows survivors to file a civil lawsuit within 37 years of reaching the age of majority (often, when the survivor has their 18th birthday) or within 7 years from the date of discovery.
- Less favorable: Utah has no statute of limitations on filing a civil lawsuit for childhood sexual abuse against a perpetrator. For non-perpetrators, such as institutions that may have concealed the abuse, the state requires survivors to file civil lawsuits against within four years of turning 18 or within four years of discovery.
However, there are often many nuances to how these statutes impact survivors’ ability to seek civil justice. The facts of a case may increase or decrease the window for filing a civil lawsuit.
Contacting a sexual abuse lawyer can help you understand if your case is within the relevant statute of limitations. Motley Rice’s trauma-informed attorneys can work with you throughout the process, guiding you through your legal options while acknowledging the unique difficulties a lawsuit may bring for survivors.
Our sexual abuse lawsuit experience
Motley Rice attorneys have represented clients against high-profile defendants such as the Boy Scouts of America and the Catholic Church. Our trauma-informed lawyers respect the past experiences of our clients – and put their emotional and mental health first.
Our team also advocates for human trafficking, labor trafficking and adult sexual abuse victims.
Key takeaways
What is a statute of limitations?
Is there a statute of limitations on sexual abuse?
How sexual abuse statutes of limitations vary by state
Our sexual abuse lawsuit experience
About the Author
Alexandra A. Stulpin
Associate
Alexandra Stulpin brings nearly a decade of experience litigating medical, human rights and sexual abuse cases in state and federal courts. She uses a trauma-informed approach throughout every stage of the litigation process when representing victims and survivors.
- Sources
- Associated Press. Delayed justice: 3 states remove all time limits on child sex abuse lawsuits.
- Children’s Advocacy Center. What Is the Difference Between Sexual Abuse, Sexual Assault, Rape, and Sexual Harassment?
- Hawai’i State Legislature. §657-1.8 Civil action arising from sexual offenses; application; certificate of merit; trauma-informed response.
- Helping Survivors. Sexual Assault Statute of Limitations.
- IRMI. Discovery rule.
- National Sexual Violence Resource Center. Let’s Talk: Definition of Terms.
- Noémie Allard-Gaudreau, Sebastien Poirier, Mireille Cyr. Factors associated with delayed disclosure of child sexual abuse: A focus on the victim's having been led to perform sexual acts on the perpetrator. Child Abuse & Neglect, Volume 147, 2024, 106537, ISSN 0145-2134.
- National Conference of State Legislatures. Child Sexual Abuse: Civil Statutes of Limitations.