Statutes Of Limitations For Civil Sexual Assault Cases By State

What Is a Civil Statute of Limitations for Sexual Assault?

The statute of limitations for sexual assault civil cases refers to the time limit you have to begin legal action against the perpetrator. It varies from state to state, and there are exceptions that could apply to your case.

Statutes of limitations are in place to ensure that cases are brought forward in a timely manner when there is still evidence available. They are beneficial for victims because they prompt you to begin cases as quickly as possible, giving you the chance to put forward the strongest possible claim.

It’s also important for the court system in general to have these limitations. Otherwise, there would be backlogs of cases from decades before that could clog the system even more.

These limitations are important for the defendants, too. They prevent people from living with the fear of actions being brought against them when there isn’t enough evidence to prove whether they were responsible or not.

When the Civil Statute of Limitations Starts and Stops

Generally, the statute of limitations starts running from the moment the assault that caused your physical or emotional injuries occurs. If you were not aware of being harmed, as can happen if you were intoxicated, the clock may not begin ticking until you discover that you were hurt.

Some circumstances can toll the statute of limitations for both an unintentional and an intentional tort. This can occur if the other party leaves the state, or if you are in any way mentally incapacitated. Once the person returns to the state or your incapacity is resolved, the process continues.

Additionally, if the other party tries to conceal the assault by using fraud, that could also help to extend your timeline.

How Time Limits Differ Across the United States

There is significant variation in the statutes of limitations for civil sexual assault cases by state.

Special Rules for Childhood Sexual Abuse Cases

In cases involving childhood sexual abuse, most states make exceptions to the statute of limitations because it’s understood that children will not have the opportunity to pursue legal actions on their own. Often, the perpetrators of the abuse are parents or guardians, so it would place an undue burden on the victim to try to meet the deadline.

Some children may not even realize that sexual abuse has occurred, or they may be too young to remember. It can take years before the victim understands they suffered an injury.

To address these issues, states allow victims of childhood sexual abuse to toll the statute of limitations. The majority of states start the clock from the moment the victim turns 18. In some instances, there may be no time limits to worry about when dealing with childhood sexual abuse.

How Discovery Rules Affect Time Limits

Not everyone realizes that they were sexually assaulted. Some people may have been intoxicated, and child victims may not remember until years later that they suffered this type of abuse. Most states have discovery rules to address this problem.

In these instances, the statute of limitations would start running from the moment you discovered or should have reasonably discovered that you had been a victim of sexual assault.

Recent Law Changes, Look-Back Windows, and Eliminations

In recent years, there have been a few law changes that impact survivors of sexual assault who are looking to file a lawsuit for what they suffered. In New York, for example, New York's Adult Survivors Act (ASA) allowed survivors one year to file a claim against the perpetrators, even if the statute of limitations had already expired. These are called lookback windows.

Other states have eliminated the statute of limitations for rape. Kentucky and Illinois are two such states.

There has also been a focus on filing against institutions that have made sexual assault possible. For example, children who have been abused by clergy can file lawsuits against the religious institutions that failed to keep them safe.

How Institutional Liability and Government Notice Rules Affect Timing

One of the challenges involved in bringing forward sexual assault lawsuits against government employees or entities is that there are notice rules. These require that you notify the government that you are planning to file against it. Typically, the amount of time to file is much shorter when government entities are involved.

If there are institutions, such as schools or churches, involved in the lawsuit, and they try to conceal the assault, the statute of limitations can be extended. This is not an option in all states, so ensure that you consult with an attorney.

Filing a Civil Sexual Assault Lawsuit

If you have been the victim of a sexual assault, you may have the right to begin a civil lawsuit. The idea of filing a lawsuit can be daunting for sexual assault survivors. It can be incredibly difficult to relive the details of such a traumatic experience, but in some cases, these lawsuits can bring much-needed closure.

As with all types of personal injury claims, getting medical assistance as quickly as possible is one of the most important steps you can take. You don’t have to report the assault to the police if you’re not comfortable doing so. Hospitals and clinics can still take care of you and gather evidence.

You will need an attorney for these claims. Your lawyer can be an invaluable source of guidance and support, beginning with helping you calculate your damages. Attorneys have experience in putting a number to less quantifiable losses, like the pain and suffering you’ve endured.

They can also help you understand who may be liable for your losses beyond the perpetrator. For example, if you were assaulted at school by a teacher, the institution could be to blame via vicarious liability. The school is typically responsible for the actions of its employees.

Knowing how much time you have left to file a claim might not be so simple, either. Your attorney can ensure that all of your paperwork is filed on time so that you have a chance to recover your losses.

Negotiations come next. This stage is particularly difficult for victims because they can be re-traumatized by the other party if they claim that the assault never happened. By allowing your attorney to take the lead, you can stay focused on healing.

Beginning a Sexual Assault Lawsuit With Experienced Lawyers

After experiencing sexual assault, you have legal avenues you can pursue. Although most people understand that criminal cases are an option when any kind of sexual activity occurs without their consent, not everyone knows that it’s also possible to file a civil lawsuit.

With help from experienced attorneys, you can fight for compensation for your losses. Because there’s so much at stake, you should not pursue these claims without legal assistance. At ConsumerShield, our team can connect you with legal counsel in your area so that you can receive the support you deserve. Contact us to learn more about how we can help.