Is There a Statute of Limitations on Child Abuse?

Childhood sexual abuse is a very serious issue. Across the United States, thousands of children become victims of sexual misconduct every year. In all states, victims of child sex abuse have the right to pursue justice against their abusers by filing civil claims or pressing charges with the help of a district attorney. However, your ability to take legal action is governed by your state’s statute of limitations. So, is there a statute of limitations on child abuse?

The rules vary from state to state. Some municipalities have very short deadlines for pursuing criminal or civil actions, while others have removed the barriers entirely. At Injury Lawyer Team, we understand the grief and emotional burden that comes with reliving childhood sexual abuse during a legal proceeding. 

Our attorneys will provide a compassionate space to share your story while helping you understand how the statute of limitations in your state affects the case. 

What Is a Statute of Limitations?

A statute of limitations is essentially a countdown for how long you have to pursue civil or criminal cases. The countdown typically begins on the date the incident occurred or the date you discovered your injuries. 

If you take legal action before this deadline hits, your case can go forward. However, suppose you wait too long to seek justice for childhood sexual abuse. In that case, it may not be possible to recover damages in a civil lawsuit or punish the defendant with criminal charges. 

Is There a Criminal Statute of Limitations for Child Abuse?

There is a huge difference between a civil lawsuit and a criminal trial. With personal injury claims, the victim is attempting to recover fair compensation for legal damages caused by the harm they suffered. For criminal charges, the court system is used to determine if the defendant is guilty and deserving of a sentence. 

A criminal statute of limitations only affects the offender’s criminal punishment. If you do not seek justice and bring charges against them by this deadline, barring a few exceptions, the abuser cannot be convicted of a crime, such as child molestation.

Are There Separate Criminal Statutes of Limitations for Childhood Sexual Abuse?

There is no federal mandate for criminal statutes of limitations. Therefore, the timeline varies from state to state. 

Some states have eliminated all barriers for victims to fight for justice if they experienced sexual assault or child sex abuse. In contrast, others have specific age limits for the survivors to press charges. 

What Is the Statute of Limitations for Filing a Civil Lawsuit?

A civil statute of limitations determines how long survivors have to pursue justice for their losses caused by someone else’s negligence or misconduct. Most types of injuries fall under the category of personal injury. In many states, the statute of limitations for personal injury lawsuits is several years, giving victims a shorter window to pursue legal action. 

However, sexual abuse is a different category of personal injury. States may have different statutes of limitations for cases that involve child sex abuse. If you do not seek justice before the deadline, you may not be eligible for a settlement. 

Legal damages you could claim in a childhood sexual abuse case include:

• Lost wages
• Medical expenses
• Emotional scars
• Pain and suffering from physical harm
• Loss of enjoyment of life

How Are Child Sexual Abuse Cases Different?

Childhood sexual abuse cases typically have more flexible statutes of limitations in each state. Rather than the countdown starting on the date of the abuse, the countdown is often paused until the survivor reaches the age of 18. 

There is also a concept called delayed discovery, which refers to when a person discovers they were abused as a child. This could be years or even decades after the mistreatment ended. For states with delayed discovery, the statute of limitations does not begin until the day they discover they experienced child sexual abuse. It can also be restarted for new DNA evidence. 

Do Child Sex Abuse Victims Need to Wait to File Civil Claims?

In most jurisdictions, survivors of childhood sexual abuse cases have the option to seek damages right away or wait until they are older. However, a minor cannot file a lawsuit through the legal system on their own. In these scenarios, a parent or legal representative can file a lawsuit on behalf of a minor. 

If this option is not the best choice, the survivor can wait until they reach the age of 18 in most states to consider a childhood sexual abuse claim. 

It should be noted that taking action as soon as possible is best because it is easier to obtain compelling evidence. If you wait too long, it could be challenging to prove you experienced child sex abuse and earn compensation for emotional trauma, lost income opportunities, or medical bills. 

Book a Free Consultation

At Injury Lawyer Team, we believe in your case, even if the childhood sexual abuse occurred decades ago or wasn’t reported right away. Our team will stand by your side and help you understand the relevant states of limitations in your state so we can hold the offender responsible. 

Whether you suffered from child molestation, unwanted sex acts, or exploitative behavior, we are committed to protecting survivors according to their rights under state and federal laws. Our law firm works on a contingency fee basis with victims of childhood sexual abuse cases, which means you pay nothing unless we win. 

We also offer a free consultation so you can ask questions about the claims process and your childhood sexual abuse case.

Contact us today at 866-757-6452 to schedule a no-obligation consultation about sexual abuse lawsuits in your state.