A number of high-profile movements and lawsuits, including the #MeToo movement and the multiplaintiff civil lawsuits filed against USA Gymnastics and the Boy Scouts of America, have raised awareness about the prevalence of sexual abuse in the United States.
As a sexual abuse survivor, you may be able to file a personal injury lawsuit against the perpetrator and other third parties to recover damages.
In this article, we’ll explain how sexual abuse cases work, and list the statute of limitations for sexual abuse cases in all 50 states.
When used outside of the courtroom, the term “sexual abuse” refers to any type of sexual contact or behavior inflicted on a person without their consent.
Sexual abuse includes:
Inside the courtroom, sexual abuse, along with terms like “rape” and “sexual harassment,” have specific legal definitions that vary from state to state.
Millions of people are impacted by sexual abuse every single year in the U.S.
According to the CDC, 1 in 3 women and 1 in 4 men experience sexual abuse. This is an alarming statistic, but in all likelihood, it actually underrepresents the prevalence of sexual abuse because many victims of abuse do not report the crime.
According to research published in the journal of Child Abuse and Neglect, 63% of sexual assaults are not reported to police and 88% of child sexual abuse is not reported to authorities.
In most cases, sexual abuse starts early. Approximately 22% of rape victims were younger than 12 when they were first raped, and 32% were between the ages of 12 and 17.
Sexual abuse is particularly prevalent in underserved communities. Consider the following facts:
Research shows that people very rarely claim they’ve been abused when they haven’t. On the other hand, survivors often don’t report sexual abuse when it happens.
Here are 5 reasons why a survivor may not report being sexually abused:
Anyone who has been the victim of sexual abuse can file a civil lawsuit for damages.
In most cases, the civil lawsuit will be based on 1 of the following legal theories:
To establish a civil claim for battery in most states, you need to establish the following 3 elements:
Battery can occur when the victim is clothed or unclothed. Examples of acts that constitute battery include:
Whereas battery causes physical harm, an assault causes the victim to apprehend physical harm. An assault often precedes a battery. As a result, these claims are typically brought together.
The elements of assault include the following:
In most states, assault requires that the defendant perform an action. In other words, the defendant has to do more than just threaten unlawful force with words.
Assault without battery is rare, but it can happen. For example, if your boss follows you into the bathroom and pushes open the door to your stall, he may be sued for assault even if he never touches you. This is because you likely feared the immediate application of unlawful force.
The tort of intentional infliction of emotional distress has 3 elements:
There’s no clear test to determine whether conduct is “extreme and outrageous.” However, most courts have adopted the following definition:
In other words, extreme and outrageous conduct goes beyond the mere indignities, annoyances, hurt feelings, or bad manners that a reasonable person is expected to endure.
Intentional infliction of emotional distress can be a standalone claim, but it’s typically brought along with another claim, such as assault or battery.
A family member of a sexual abuse victim may be able to file a civil lawsuit in the following situations:
When a person is arrested and charged with a crime, they are brought to a criminal court where the government, on behalf of the people of the U.S., prosecutes the case. The goal of a criminal court is to punish criminals through fines or jail time.
When a person (called a “plaintiff”) sues another person (called a “defendant”) for damages, they do so in a civil court. The goal of a civil court is to compensate the plaintiff for any injuries they suffered as a result of the defendant’s actions or inactions.
A sexual abuse case can be tried in a civil court even if no criminal charges are filed against the defendant. What’s more, because civil suits use a “preponderance of the evidence” standard, which is less stringent than the criminal “beyond a reasonable doubt” standard, victims of sexual abuse can recover civil damages even if the criminal court declares the defendant innocent of the crime.
In addition to the perpetrator, third parties may be liable in sexual abuse cases.
Under state common law, if a person fails to exercise “reasonable care” and someone is injured as a result, the person who failed to exercise reasonable care can be sued for negligence.
When it comes to sexual abuse, there are a number of third parties who may also be liable:
Sexual abuse can take a physical and emotional toll that often lasts a lifetime. Although it’s impossible to make a person “whole” following an act of abuse, the law typically allows victims to recover economic and non-economic damages in an effort to do so:
The term statute of limitations refers to the amount of time a person has to file a lawsuit.
When it comes to sexual abuse cases, each state has its own time limit. In most cases, the clock starts ticking from the moment the abuse occurs. However, many states toll (or pause) the clock if the victim is a minor.
If a victim fails to file a lawsuit within the time limit set by the statute of limitations, their claim will be forever barred.
In the following chart, we’ll look at the sexual abuse statute of limitations for each state, along with any special tolling or extensions the state may have.
Civil sexual abuse statutes of limitations by state | |||
---|---|---|---|
State | Statute | Time limit | Tolling |
Alabama | Ala. Code § 6-2-38 and Ala. Code § 13A-6-158 | 2 years | Tolled until the minor turns 18 |
Alaska | Alaska Stat. § 09-10-065 and Alaska Stat. § 09.10.140 | 3 years | Tolled until the minor turns 18 |
Arizona | A.R.S. § 12- 542(1) | 2 years | Tolled until the minor turns 18 |
Arkansas | Ark. Code § 16-56-130(a) | 3 years | Tolled until the minor turns 18 or the abuse is discovered |
California | Ca. Civ. Proc. Code § 335.1 | 3 years | Within 8 years of the time the minor turns 18, or within 3 years of discovery |
Colorado | Colo. Rev. Stat. § §13-80-102 (a) | 2 years | Within 6 years of the time the minor turns 18 |
Connecticut | Conn. Gen. Stat. § 52-577e | No time limit for sexual assault or aggravated sexual assault; 3 years for all else | 30 years from the time the minor turns 18 |
Delaware | Del. Code tit. 10, § 8119 | 2 years | No time limit for child sex abuse cases |
District of Columbia | D.C. Code § 12-301(11) | 3 years | Within 7 years of the time the minor turns 18 |
Florida | Fla. Stat. § 95.11(7), (9) | 4 years after leaving the dependency of the abuser; 8 years for a 1st or 2nd-degree felony sexual battery; no limit for sexual battery involving a minor under 16 years old; no limit in 1st or 2nd-degree felony sexual battery cases reported to authorities within 72 hours | Within 7 years of the time the minor turns 18 |
Georgia | O.C.G.A. § 9-3- 33.1(b) | 2 years | Within 5 years of the time the minor turns 18 |
Hawaii | HRS § 657-7 and HRS § 657-13 | 2 years | Tolled until the time the minor turns 18 |
Idaho | Idaho Code § 6-1704(1) | 2 years | Within 5 years of the time the minor turns 18 |
Illinois | Ill. Rev. Stat. ch. 735, § 13--202, § 13—202.2(b) | 2 years | No time limitation if abuse occured when victim was a minor |
Indiana | Ind. Code § 34-11-2-4(1) | 2 years | Within 7 years of the date of the incident if the victim was a minor at the time of the abuse |
Iowa | Iowa Code §669.13, §614.8A | 2 years | Within 1 year of the time the minor turns 18 |
Kansas | Kan. Stat. § 60-523 | 2 years | Within 3 years of the time the minor turns 18 |
Kentucky | Ky. Rev. Stat. § 413.249, §413.140(1)(a) | 1 year | Within 5 years of the time the minor turns 18 |
Louisiana | Louisiana Revised Statute 9:2800.9(A), Civ. Code §3492 | 1 year | Within 10 years of the time the minor turns 18 |
Maine | Me. Rev. Stat. Ann. tit. 14, § 752-C | 2 years | No time limitation for abuse that occurs when the victim is a minor |
Maryland | Md. Cts. and Jud. Proc. § 5-117 | 3 years | Within 7 years of the time the minor turns 18 |
Massachusetts | Mass. Gen. Laws ch. 260, § 4C | 3 years | Tolled until the minor turns 18 |
Michigan | MCL 600.5805 | 2 years | None |
Minnesota | Minn. Stat. § 541.073 | 6 years | Tolled until the minor turns 18 |
Mississippi | Miss. Code Ann. §15-1-49, § 15-1-59 | 3 years | Tolled until the minor turns 18 |
Missouri | Mo. Rev. Stat. § 537.046 | 5 years | Within 10 years of the minor turning 21 |
Montana | Mont. Code § 27-2-216(a), 27-2-401 | 3 years | Within 5 years of the minor turning 18 |
Nebraska | Neb. Rev. Stat. § 25-208 | 4 years | Within 4 years of the minor turning 21 |
Nevada | Nev. Rev. Stat. Ann. § 11.215 | 2 years | Within 10 years of the minor turning 18 |
New Hampshire | N.H. Rev. Stat. § 508:4-9 | 3 years | Within 12 years of the minor turning 18 |
New Jersey | N.J. Stat. § 2A:61B-1 | 2 years | None |
New Mexico | N.M. Code § 37-1-30 | 3 years | By the time the minor turns 24 |
New York | New York Civil Practice Law and Rules 213-c | 5 years | Tolled until the minor turns 18 |
North Carolina | N.C. Gen. Stat. § 14-32.3 | 3 years | Tolled until the minor turns 18 |
North Dakota | N.D. Cent. Code § 28-01-25.1 | 2 years | Within 10 years of the date of discovery for minors |
Ohio | ORC Ann. § 2305.111(c) | 2 years | Within 12 years of the minor turning 18 |
Oklahoma | Okla. Stat. tit. 12, § 95 | 2 years | Tolled until the minor turns 18 |
Oregon | ORS § 124.005 | 2 years | Within 6 years of the minor turning 18 |
Pennsylvania | Pennsylvania Code 42 Pa. CSA 5533(b)(2), | 2 years | Within 12 years of the minor turning 18 |
Rhode Island | R.I. Gen. Laws § 9- 1-51 | 3 years | Within 7 years from the incident for minors |
South Carolina | S.C. Code Ann. § 15-3-555 | 3 years | Within 6 years of the minor turning 21 |
South Dakota | S.D. Codified Laws § 26-10-25 | 3 years | None |
Tennessee | Tenn. Code Ann. § 28-3-104, 28-1-106 | 1 year | Tolled until the minor turns 18 |
Texas | Tex. Civ. Prac. & Rem. Code § 16.0045 | 2-5 years | Tolled until the minor turns 18 |
Utah | Utah Code Ann. § 78B-2-308 | 4 years | No time limitation if abuse occurred when victim was a minor |
Vermont | Vt. Stat. Ann. tit. 12, § 522 | 3 years | Within 6 years of the time of discovery if a minor when abuse occurred |
Virginia | Va. Code Ann. § 8.01-243 | 2 years | Tolled until the minor turns 18 |
Washington | Wash. Rev. Code § 4.16.340 | 3 years | Tolled until the minor turns 18 |
If your abuser violated a federal law, you may be able to sue them in federal court.
Certain federal laws outlined in 18 U.S. Code 2255, which include human trafficking and the distribution of child pornography, allow child sexual abuse survivors to file a civil lawsuit in federal court up to the age of 28 (or 10 years from the date of the crime or discovery of an injury resulting from the abuse).
Depending on your situation, there are 5 steps you should consider taking after an incident of sexual abuse: