OVERVIEW OF STATES SEX ABUSE STATE ACTS & STATUTE OF LIMITATIONS
Jul 09, 2024
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ALABAMA:
Statute of Limitation for Sexual Assault, Sexual Abuse and Rape
- Civil: Two years from the date of incident
- No statute of limitation for Rape
ALASKA:
- Statute of Limitation for Sexual Assault
- Civil: Three years from the date of incident for misdemeanor sexual assault or felony indecent exposure, except for assault involving a minor. No limit for felony sexual assault.
Statute of Limitation for Sexual Abuse and Rape
- Civil – None
ARIZONA
Extended the statute of limitations, allowing survivors until age 30 to file civil lawsuits and provided a one-year look-back window for previously time-barred cases.
Statute of Limitation for Sexual Assault and Sexual Abuse
- Civil: None
Statute of Limitation for Rape
- Civil: For child sex abuse victims, you must bring a civil claim within 12 years after turning 18 years old.
ARKANSAS:
Statute of Limitation for Sexual Assault
- Civil: Three years from date of incident or in the case of a minor, from the discovery of the incident.
Statute of Limitation for Sexual Abuse
- Three years from the date of incident or in the case of a minor, from the discovery of the incident. A survivor of child sex abuse can only file a claim until they are 21 years old in Arkansas.
Statute of Limitations for Rape
- Civil: The statute of limitations is fifteen years from the commission of the offense, or if the victim is a minor, none. The availability of DNA evidence eliminates the statute of limitations.
CALIFORNIA:
- California Child Victims Act: Extended the statute of limitations, allowing survivors of childhood sexual abuse to file lawsuits until age 40 or within five years of discovering the abuse.
Statute of limitations for Sexual Assault
- Civil: Within 22 years of the date the victim reaches the age of majority or within five years the victim discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.
Statute of Limitations for Sexual Abuse
- Civil: Within 22 years of the date the victim reaches the age of majority or within five years the victim discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.
Statute of Limitations for Rape
- Civil: Within 22 years of the date the victim reaches the age of majority or within five years the victim discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.
COLORADO
Colorado passed Senate Bill 73 that removes the statute of limitations for Civil lawsuits for victims fo sexual abuse and other types of misconduct beginning January 1, 2022
Statute of Limitations for Sexual Assault, Sexual Abuse and Rape
- Civil: Within six years from the date of the action or within six years after the minor under the age of 18 reaches the age of majority, whichever occurs later.
CONNECTICUT:
Statute of Limitation for Sexual Assault
- Civil: None
Statute of Limitation for Sexual Abuse
- Civil: None
DELAWARE:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape in Delaware:
- Civil: None
FLORIDA:
Eliminated the statute of limitations for civil actions involving sexual battery on victims under the age of 16, allowing victims to file at any time.
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: None if the victim was under the age of 16, or within 7 years of the victim turning 18 or within 4 years from the time the incident occurred.
GEORGIA:
Statute of Limitations for Sexual Assault and Sexual Abuse
- Civil: On or before the victim reaches the age of 23 years or within two years of the date the victim knew or had reason to know of such abuse and that injury to the victim as established by competent medical or psychological evidence.
Statute of Limitations for Rape
- Civil: On or before the victim reaches the age of 23 years or within two years of the date the victim knew or had reason to know of such abuse and that injury to the victim as established by competent medical or psychological evidence.
HAWAII:
- Provided a look-back window allowing survivors to file lawsuits regardless of when the abuse occurred, and extended the statute of limitations for new cases.
Statute of Limitations for Sexual Assault
- Civil: Within 22 years of the date the victim reaches the age of majority or within five years the victim discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later.
Statute of Limitations for Sexual Abuse and Rape
- Civil: Within eight years of the victim turning 18 or within three years after discovering an illness or injury during adulthood was caused by childhood rape.
IDAHO:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within 5 years from the date the victim turns 18 years, or within 5 years from the victim discovers the act caused injuries or conditions due to the incident, whichever occurs later.
ILLINOIS:
- Eliminated the statute of limitations for all child sexual abuse cases, allowing survivors to file civil lawsuits at any time.
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Before the minor victim reaches the age of 27, or no later than the victim discovered an injury caused by the incident.
INDIANA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within 5 years from the date the state discovers DNA evidence to charge the offender, the state becomes aware of a recording that provides evidence to charge the offender, or the offender confesses to the crime.
IOWA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within four years of discovering injuries or damages resulting from the incident.
KANSAS:
Statute of Limitations for Sexual Assault, Sexual Abuse
- Civil: Within three years of the victim turning 18 years old, or within three years of the incident, whichever occurs last.
Statute of Limitations for Rape
- Civil: Within three years of the victim turning 18 years old, or within three years of the incident, whichever occurs last.
KENTUCKY:
Statute of Limitations for Sexual Assault and Sexual Abuse
- Civil: Within 10 years from the date of the incident, within 10 years from the date the victim became aware of the act, within 10 years of the victim reaching age 18, or within 10 years of the date the defendant was convicted of the crime.
Statute of Limitations for Rape
- Civil: Within 10 years from the date of the incident, within 10 years from the date the victim became aware of the act, within 10 years of the victim reaching age 18, or within 10 years of the date the defendant was convicted of the crime.
LOUISIANA:
Statute of Limitations for Sexual Assault & Sexual Abuse
- Civil: None
Statute of Limitations for Rape
- Civil: None
MAINE:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: None
MARYLAND:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Victims under the age of 18 must file a civil claim within 20 years of their 18th birthday. Adult victims have three years from the date of the incident to file a claim.
MASSACHUSETTS:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rapse
- Civil: Within 35 years of the incident, or within 7 years from the date the victim discovered an injury or condition was caused by the act if the victim was a minor.
MICHIGAN:
Statute of Limitations for Sexual Assault
- Civil; For minor individuals at the time of the incident, a claim must be fined within 15 years of the date of the incident or before the person’s 28th birthday, whichever is later. For adult victims of crimes of the second, third, and fourth-degree a claim must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitations for adult or minor victims.
Statute of Limitations for Sexual Abuse
- Civil: Within two years of the incident if it involved assault or battery, within five years if the perpetrator lived with the victim, or by the victim’s 19th birthday if the victim was under age 18 at the time of abuse.
Statute of Limitations for Rape
- Civil: For minor individuals at the time of the incident, a claim must be fined within 15 years of the date of the incident or before the person’s 28th birthday, whichever is later. For adult victims of crimes of the second, third, and fourth-degree a claim must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitations for adult or minor victims.
MINNESOTA:
- Eliminated the statute of limitations for civil suits involving sexual abuse of minors.
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: None
MISSISSIPPI
Statute of Limitations for Sexual Assault and Sexual Abuse
- Civil: Three years from the date of the incident, or three years from the date the victim became aware of injury caused by the incident.
Statute of Limitations for Rape
- Civil: Three years from the date of the incident, or three years from the date the victim became aware of injury caused by the incident.
MISSOURI:
Statute of Limitation for Sexual Assault & Sexual Abuse
- Civil: Within 10 years from the date of the victim’s 18th birthday if they were a minor at the time of the incident, or within three years from the discovery of a physical or psychological injury caused by the incident.
Statute of Limitations for Rape
- Civil: Within 10 years from the date of the victim’s 18th birthday if they were a minor at the time of the incident, or within three years from the discovery of a physical or psychological injury caused by the incident.
MONTANA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Before the minor victim reaches the age of 27, or no later than the victim discovered an injury caused by the incident.
NEBRASKA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within 12 years after the victim reaches the age of 21, or within four years from the date of the incident if the victim was an adult.
NEVADA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within 20 years of the victim reaching the age of 18 or discovers their injury was caused by the incident whichever occurs later.
NEW HAMPSHIRE:
Statute of Limitations of Sexual Assault, Sexual Abuse & Rape
- Civil: None
NEW JERSEY:
Child Victims Act: Extended the statute of limitations to age 55 or within seven years of discovering the abuse, and opened a two-year look-back window for previously time-barred cases.
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: None
NEW MEXICO:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: By the time the victim is 24 years of age, or within three years of the date the victim had reason to discern how the incident harmed them.
NEW YORK:
Child Victims Act: Allows survivors to file civil lawsuits until they turn 55 and opens a one-year look-back window for previously time-barred cases, which has been extended.
Statute of Limitations for Sexual Assault
- Civil: Before the victim reaches the age of 55
Statute of Limitations for Sexual Abuse
- Civil: Before the victim reaches the age of 55
Statute fo Limitations for Rape
- Civil: Before the victim reaches the age of 55
NORTH CAROLINA:
- SAFE Child Act: Extended the statute of limitations for civil suits to age 28 and created a two-year revival window for previously time-barred claims.
Statute of Limitations for Sexual Assault
- Civil: None for felony crimes and 10 years for misdemeanor crimes.
Statute of Limitations for Sexual Abuse & Rape
Civil: Until the victim reaches the age of 28
NORTH DAKOTA:
Statute of Limitations for Sexual assault, Sexual Abuse & Rape
- Civil: Within 10 years of the victim’s 18th birthday or within 10 years from the date the victim discovered the incident. For adult victims, the statute of limitations is two years from the date of the incident.
OHIO:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: For adult victims, a claim must be made within one year of the date of the incident or within one year of the date the victim learns who committed the act, whichever is later. For minor victims, a claim must be made within 12 years of the date the incident occurs, or within 12 years of reaching the age of majority.
OKLAHOMA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Before the minor victim reaches the age of 45, or within two years from the date of the incident or five years after the perpetrator is released from jail, whichever is later, for adult victims.
OREGON:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: If the incident occurred before January 1, 2016, a claim must be filed within 6 years of the victim’s 18th birthday or within three years of discovering the incident. If the incident occurred on or after January 1, 2016, a claim must be made before the minor victim’s 40th birthday or within five years of discovering the incident. For adult victims, a claim must be filed within two years of the incident.
PENNSYLVANIA:
- Extended the statute of limitations, allowing survivors until age 30 to file civil lawsuits and opened a two-year window for previously time-barred cases.
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: For victims ages 18 to 24 years at the time of the incident, claims must be filed before the victim reaches age 30. If the victim is under the age of 18, the victim may have a period of 37 years after reaching the age of 18 to file a claim.
RHODE ISLAND:
Statute of Limitations for Sexual assault, Sexual Abuse & Rape
- Civil: For minor victims, claims must be filed within 35 years of the date of the incident or within 7 years from the date the incident was discovered, whichever is later. For adult victims, claims must be filed within 7 years of the date of the incident.
SOUTH CAROLINA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within six years from the date the victim reaches age 21, or within 3 years of the time of the discovery of the incident, whichever occurs later.
SOUTH DAKOTA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within three years from the date of the incident, or within three years from the date the victim discovers the injury or condition that occurred due to the incident. However, no person may recover damages for child sexual assault after the age of 40, other than from the person who perpetrated the act.
TENNESSEE:
Statute of Limitations for Sexual Assault
- Civil: Within three years from the date the incident was discovered, or within three years of the date of the victim’s 18th birthday for minor victims, or within one year from the date of the incident for adult victims.
Statute of Limitations for Sexual Abuse
- Civil: Within three years from the date the incident was discovered, or within three years of the date of the victim’s 18th birthday for minor victims, or within one year from the date of the incident for adult victims.
Statute of Limitations for Rape
- Civil: Within three years from the date the incident was discovered, or within three years of the date of the victim’s 18th birthday for minor victims, or within one year from the date of the incident for adult victims.
TEXAS:
- Extended the statute of limitations for civil cases to age 48.
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: No later than 30 years after the date of the incident for minor victims, or within five years of the date of the incident for adult victims.
UTAH:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: None
VERMONT:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: None if victim is a child
VIRGINIA:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Within 20 years of the date of the incident for minor victims, or for adult victims when the incident occurred on or after July 1, 2020, claims may be filed within 10 years of the date of the incident.
WASHINGTON:
- Allows survivors to file civil lawsuits until age 28 or within three years of discovering the abuse.
Statute of Limitations for Sexual Assault & Sexual Abuse
- Civil: Within three years of the date of the incident or within three years the victim discovered injuries or conditions caused by the incident, whichever is later. The time limit for commencement of action is tolled until the victim reaches age 18 if the victim was a minor at the time of the incident.
Statute of Limitations for Rape
- Civil: Within three years of the date of the incident or within three years the victim discovered injuries or conditions caused by the incident, whichever is later. The time limit for commencement of action is tolled until the victim reaches age 18 if the victim was a minor at the time of the incident.
WEST VIRGINIA:
Statute of Limitations for Sexual Assault
- Civil: Within 18 years of reaching the age of majority, or within four years of discovery of the incident if the victim was a minor, whichever is longer. For adult victims, claims must be filed within two years of the date of the incident.
Statute of Limitations for Sexual Abuse
- Civil: Within 18 years of reaching the age of majority, or within four years of discovery of the incident if the victim was a minor, whichever is longer. For adult victims, claims must be filed within two years of the date of the incident.
Statute of Limitations for Rape
- Civil: Within 18 years of reaching the age of majority, or within four years of discovery of the incident if the victim was a minor, whichever is longer. For adult victims, claims must be filed within two years of the date of the incident.
WISCONSIN:
Statute of Limitations for Sexual Assault, Sexual Abuse & Rape
- Civil: Before the victim reaches age 35 if the victim was a minor when the incident occurred or within three years of the date of the incident for adult victims.
WYOMING:
- Civil: Within eight years after the minor’s 18th birthday or within three years after the discovery for victims who were minors at the time of the incident. Adult victims must file claims within four years of the date of the incident.