Sexual misconduct involving children is one of the most challenging topics to build a criminal or civil case around, not just in personal and psychological terms but in legal ones as well. One particularly significant reason why these cases tend to be so legally complex is that the abuse generally occurs years or even decades before when a lawsuit over it is first filed. This is often far beyond the filing deadline for a typical personal injury claim by the “statute of limitations.”
However, as any experienced sexual abuse lawyer can tell you, lawsuits involving child sexual abuse are one of the very few scenarios in which courts may allow substantial extensions or even outright exceptions to this usually ironclad deadline. While every state has unique rules in this regard, here is a brief overview of how the child sexual abuse statute of limitations is broadly approached nationwide.
What Is the Purpose of the Statute of Limitations?
There are two primary reasons why there are deadlines placed on when both criminal and civil cases can begin after the cause of action for the case occurs: for the sake of the defendant and the sake of the plaintiff. On the defendant’s side of things, it is generally considered unfair for the threat of legal action to hang endlessly over someone’s head, regardless of what the cause for that action would be. On the plaintiff’s side, important evidence can become lost and/or degrade substantially in quality and usefulness the more time passes after an injury or criminal act happens, so setting a time limit for the legal process can help ensure relevant information is still readily available.
That said, courts are sometimes willing to extend the deadlines set by statutes of limitations if there is a good reason why the plaintiff or prosecution would not have been able to file suit within the normal deadline. Since it is very common for victims of child sexual abuse to repress memories of their abuse or be hesitant to name their abusers publicly for any number of other reasons, many states have changed how they handle statutes of limitations for civil claims built around this particular type of harm.
How Different States Approach Child Sexual Abuse Claim Deadlines
Alaska, Arizona, Delaware, Florida, Illinois, Maine, New Hampshire, and Utah have no deadlines whatsoever for filing suit over sexual abuse experienced as a child, with Arizona and Florida respectively limiting that exception to assaults affecting children under 15 at the time and under 16 at the time. Furthermore, Connecticut and Vermont have no deadlines for any kind of sexual abuse litigation, and Arizona imposes no time limits on claims built around actions defined as “violent sexual abuse” under the state’s penal code.
Conversely, Alabama and Michigan allow no special extensions to the statute of limitations for child sexual abuse claims. The filing period for a child sexual abuse lawsuit in all other states varies from just one year to several decades in length. Except for Alabama and Michigan as noted above, the starting point for the filing period is “tolled,” or paused, until the affected child is 18 years of age.
A Qualified Attorney Can Answer Questions About the Child Sexual Abuse Statute of Limitations
To reiterate, every state has different rules for how and when it is possible to file personal injury lawsuits, including and especially those revolving around childhood sexual abuse. Regardless of what your state’s deadline is, though, you will almost certainly have better chances of getting paid what you deserve for your damages if you have support from knowledgeable legal counsel.
If you have further questions about the child sexual abuse statute of limitations where you live, an experienced sexual abuse lawyer can provide the information you need to enforce your rights effectively. Call today to schedule a confidential consultation.
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