Understanding the Statute of Limitations on Child Sexual Abuse Claims
Child abuse is a terrible experience that leaves a child with physical and emotional scars. The effect of trauma can continue long into adulthood. When survivors try to seek justice, they often face a lot of legal challenges.
One such challenge is the statute of limitations for civil claims of child sexual abuse, which is the time frame within which the case should be filed. In this blog, we will explain what the statute of limitations is and how it works in child sexual abuse claims.
What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum period within which a person can file a lawsuit. This time period varies from case to case and from state to state. If the victim fails to file a lawsuit within this time limit, they can’t receive compensation and justice, and there are few exceptions.
Statute of Limitations for Child Sexual Abuse Claims
The statute of limitations for child abuse cases can be different from any other personal injury cases, and it gives more time for survivors to file claims. Survivors may face emotional trauma, which can limit their ability to report the abuse, or they may be afraid of filing a case, and sometimes, the abuse may not be fully recognized or understood until years later. That is why these types of claims are treated differently.
Recent Changes in Law
In recent years, many states have reformed their laws to provide survivors of child sexual abuse more time to come forward and seek justice. Several key changes include:
· Elimination of the Statute of Limitations
Some states have completely removed the statute of limitations for civil child sexual abuse claims. It means that victims can file lawsuits at any point in their lives, regardless of when the abuse occurred.
· Extended Time Frames
Some states now allow survivors to file civil claims for child sexual abuse well into adulthood, sometimes until they reach their 30s or even 40s, depending on the state. This extension gives victims more time to recover emotionally, seek counseling, and get the courage to take legal action.
· “Lookback” Periods
Some states have introduced “lookback” periods, which temporarily remove the statute of limitations, allowing victims whose claims were previously time-barred to file lawsuits. These windows of opportunity often last for a set period, such as one or two years, giving victims a chance to pursue claims.
· Discovery Rule
Many states apply the discovery rule, which pauses the statute of limitations until the survivor discovers, or reasonably should have discovered, that the abuse harmed them. For some, the impact of the abuse may not be fully realized until adulthood, making this rule particularly important for survivors.
State Variability in Statute of Limitations
The length of time a survivor has to file a lawsuit or criminal complaint for child sexual abuse can vary depending on the state in which the abuse occurred. Below are some general trends:
- Maryland: Maryland’s Child Victims Act of 2023 has eliminated the statute of limitations for civil lawsuits in child sexual abuse cases. It means survivors can file lawsuits regardless of when the abuse occurred.
- Massachusetts: The statute of limitations in Massachusetts for civil lawsuits involving child sexual abuse is 35 years from when the incident occurred or 7 years from when the victim discovered or reasonably should have discovered the injury, whichever is later. The time limit will be paused until the child turns 18.
- California: There is no statute of limitations for child sexual abuse cases in California. But this applies only to the incident that occurred on or after January 1, 2024. For the incidents that happened before this date, the previous time limit applies, which was either the victim’s 40th birthday or five years from the date of discovering the psychological injury or illness caused by the sexual assault, whichever came later.
- New York: In New York, victims can file a civil lawsuit until they turn 55. For criminal charges, there is no time limit to report the abuse if the victim was under 11 years of age at the time the abuse occurred.
