How To File A Sex Assault Lawsuit In Tennessee

Why Many Survivors Consider Filing Sexual Assault Lawsuits

Many people file civil lawsuits after they’ve been injured in accidents. Since sexual assault is a crime, you might wonder why survivors consider filing civil lawsuits as well.

The short answer is that in many cases, filing a civil sexual assault lawsuit improves your chances of getting justice. If there is no forensic evidence of your assault, for instance, you might be unable to win in a criminal court.

However, the burden of proof in a civil case is lower than that in a criminal case. This means that even if your criminal case was unsuccessful, the perpetrator could still be found liable in a civil case.

Sexual assault is also one of the most underreported crimes. According to some estimates, two out of every three rapes go unreported to police. If you were unable to report your assault, you might still be able to seek the justice you deserve for your trauma through the civil court system.

Statute of Limitations to File Sexual Assault Lawsuits in Tennessee

In 2025, Tennessee passed a law extending the statute of limitations for sexual assault lawsuits, which now establishes that:

• You have five years if the assault was reported to the police
• You have three years if the assault was not reported

The law was named “Danielle’s Law” after a woman who reported her assault to police. It took the prosecutor 13 months to inform her that the assailant wouldn’t be charged. Because the statute of limitations was one year at the time, she was left with no legal recourse.

The circumstances behind the creation of Danielle’s Law illustrate a sad reality for many survivors of sexual assault. Even if they report their assault to police, there’s still a chance that the district attorney will decline to prosecute the case.

Sexual assault can leave you feeling powerless. When a prosecutor refuses to pursue justice on your behalf, you may feel that same defeat all over again.

With the new, extended statutes of limitations, however, you have the option to try to pursue justice through the criminal courts first. If the police or prosecutor ultimately decide not to take the case further, you should still have time to file a lawsuit.

Exceptions That May Extend the Deadline in Tennessee

There are a few exceptions to the statute. If you didn’t immediately realize you were assaulted, such as if the perpetrator attacked when you were incapacitated, the clock might start when you find out.

Similarly, if the assailant hides their involvement, the statute of limitations might begin once you can identify them. Exceptions to statutes of limitations are rare, so you should always consult a lawyer to be sure.

Exceptions to the statute of limitations aren’t unheard of. However, they tend to be rare. It’s important not to assume that you qualify for an exception. An experienced personal injury lawyer who handles cases related to sexual assault should be able to assess your case and tell you how long you have to file.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

While filing a civil lawsuit for a sexual assault in Tennessee isn’t the same as preparing a criminal case, your lawyer will likely recommend including these key pieces of evidence:

• Your testimony of what happened
• A police report, if one was filed
• Forensic exam results
• Records of injuries
• Medical bills
• Texts, social media posts and other kinds of digital evidence

The process of filing a lawsuit may be a frightening unknown. Your attorney can help you understand what allegations must be included.

How a Lawyer Can Help Survivors in Tennessee

A skilled lawyer can guide you through each part of the legal process. They will collect evidence and advocate for you to receive compensation for monetary and non-monetary losses alike.

Often, a lawyer can settle your case before it goes to court. Sexual assault settlement amounts can vary considerably. Your lawyer can give you an idea of what your case may be worth.

Perhaps most importantly, your attorney can serve as your supporter and advocate during the lawsuit process. Taking legal action against your assailant can be empowering, but it can also be traumatic. Your lawyer can’t erase the intense emotional challenges of this experience, but they can help you navigate your lawsuit with confidence.

Seeking Justice? The Right Lawyer Can Help

If you’re looking for justice outside of a criminal court, a Tennessee personal injury lawyer may be able to help. ConsumerShield is dedicated to connecting people like you with qualified legal professionals. Contact us to start with a free case review today.