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What Is the Statute of Limitations on Sexual Assault?

By Levin Simes
November 7, 2023
If you have experienced a sexual assault and are interested in pursuing a lawsuit against the responsible party, it is important to be aware of the statute of limitations–or the window of time you have to file a lawsuit. 

Any form of sexual misconduct is absolutely devastating. It is an extremely sensitive and complex legal matter. You may want to file a lawsuit against the responsible party, but you may not know what to do next or who to contact. One of the most important points in filing a sexual assault lawsuit involves following the statute of limitations or the legal timeframe within which one can bring a lawsuit for sexual assault. 

The team at Levin Simes recognizes the difficulty of all lawsuits involving sexual assault and is committed to handling your matter with the highest level of care. Revisiting a traumatic experience such as a sexual assault can be extremely difficult. 

Our attorneys are compassionate and committed to providing a safe space for you to share your experience. Contact the sexual assault attorneys at Levin Simes online or by calling our team at (415) 426-3000. We are here to ensure that your matter is handled with the respect and dignity you deserve.

Sexual Assault Statute of Limitations Attorneys 

The statute of limitations for sexual assault varies depending on the jurisdiction and the specific type of sexual assault or related crime. It's important to note that laws regarding the statute of limitations for sexual assault can change, so it's crucial to consult an attorney in your area for the most current information

Sexual assault can have lasting and long-term effects. Some of these effects may include depression, anxiety, mental health problems, substance abuse, or a lack of self-worth. Pursuing a lawsuit for damages may be the only way to make sure that you have the financial resources you need to heal from your experience. 

If you have experienced a sexual assault, the most important thing that you can do is seek medical help and support. Reaching out to a sexual assault support provider such as RAINN (Rape, Abuse, and Incest National Network) can help you connect with caring professionals who will be able to help you after any form of sexual misconduct. 

If you have experienced any form of sexual misconduct including rideshare sexual harassment, institutional sexual harassment, or even childhood sexual abuse, you may be able to bring a lawsuit for damages. The statute of limitations may vary depending on your unique facts and circumstances. Contact Levin Simes online or at (415) 426-3000 for answers to your questions and to begin the legal process. We are ready to help you hold responsible parties accountable and pursue justice on your behalf. 

What Kind of Damages Are Available in a Sexual Assault Lawsuit?

In a sexual assault lawsuit, the types of damages available can vary depending on the jurisdiction, the specifics of the case, and the laws governing the matter. Damages are designed to compensate the victim for the physical, emotional, and financial harm resulting from the assault. 

Damages available to survivors of sexual assault may include: 

  • Medical Expenses: You may be entitled to compensation for medical costs related to injuries sustained during the assault, such as hospital bills, therapy, and medications.
  • Pain and Suffering: These damages aim to compensate you for the physical and emotional pain, distress, and trauma caused by the assault.
  • Loss of Enjoyment of Life: You may be awarded damages for the loss of the ability to enjoy life's pleasures and activities as a result of the assault.
  • Lost wages and loss of future earnings: If you could not work or experienced a loss of income due to the assault and its aftermath, you may be entitled to compensation for lost wages. In cases where the assault results in a long-term or permanent disability that affects the victim's ability to earn income, future earning capacity may also be considered.
  • Punitive Damages: In cases of extreme recklessness, intentional misconduct, or egregious behavior, punitive damages may be awarded. These damages are meant to punish the wrongdoer and deter similar conduct in the future.

The availability and extent of these damages may vary based on the circumstances of the case, the laws of the jurisdiction, and the evidence presented. Additionally, it's essential to consult with an attorney experienced in sexual assault cases to navigate the legal process and determine the specific types and amounts of damages that may be recoverable in your particular situation.

Sexual Assault Statute of Limitations: A State-by-State Guide

The statute of limitations for sexual assault will vary by state as well as the age of the individual who experienced the sexual assault. It is important to contact an attorney to help you pursue your sexual assault lawsuit. An experienced sexual assault attorney can help make sure that you are following all court guidelines, filing rules, and filing your lawsuit before the statute of limitations expires. 

Many states have multiple statutes covering sexual assault filing deadlines. Some examples of the statute of limitations for sexual assault across the 50 States are:

State Example Civil Statute Statute of Limitations
Alabama Ala. Code § 6-2-38 Survivors have 2 years from the date of the injury to bring a civil suit
Alaska Alaska Stat. § 09-10-065 Three years from the date of the incident for:
  • Misdemeanor sexual abuse of a minor
  • Misdemeanor sexual assault
  • Incest
  • Felony indecent exposure
Arizona A.R.S. § 12- 542(1) Two years from the date of the incident in most cases; no time limit for violent sexual abuse
Arkansas Ark. Code § 16-56-130(a) Three years from the date of the incident
California Ca. Civ. Proc. Code § 340.16 Ten years from the date of the incident or three years from the date when the victim knew or should have known of the sexual abuse/assault
Colorado Section 18-3-402 (3), C.R.S. No time limit for civil cases
Connecticut Conn. Gen. Stat. § 52-577e No time limit
Delaware Del. Code tit. 10, § 8119 Two years from the date of the incident
District of Columbia D.C. Code § 12-301(11) If under 35 years of age: the date the victim reaches the age of 40 years, or five years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later If 35 or older: five years, or five years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later
Florida Fla. Stat. § 95.11(7), (9) Within seven years after the age of majority, within four years after the person leaves the dependency of the abuser, or within four years from the time of discovery, whichever occurs later
Georgia O.C.G.A. § 9-3- 33.1(b) Two years from the date of the incident
Hawaii Haw. Rev. Stat. § §657-1.8 Two years from the date of the incident
Idaho Idaho Code § 6-1704(1) Two years from the date of the incident
Illinois Ill. Rev. Stat. ch. 735, § 13--202, § 13—202.2(b) Typically, two years from the date of the incident, there is no statute of limitations if the civil suit is based on a Class X felony
Indiana Ind. Code § 34-11-2-4(1) Two years from the date of the incident
Iowa Iowa Code §669.13, §614.8A Two years from the date of the incident
Kansas K.S.A. § 60-513(a)(4) and (5) Two years from the date of the incident
Kentucky Ky. Rev. Stat. § 413.249, §413.140(1)(a) One year from the date of the incident
Louisiana Louisiana Civil Code section 3492 Civ. Code §3492 One year from the date of the incident
Maine Me. Rev. Stat. Ann. tit. 14, § 752-C, Maine Civil Statute of Limitations Six years from the date of the incident
Maryland Md. Cts. and Jud. Proc. § 5-117, Maryland Civil Statute of Limitations Three years from the date of the incident
Massachusetts General Laws of Massachusetts Part III, Title V, 260-2A, Massachusetts Civil Statute of Limitations Three years from the date of the incident
Michigan MCL 600.5805 Ten years from the date of the incident
Minnesota Minn. Stat. § 541.073 Six years from the time the victim knew or had reason to know that the injury was caused by sexual abuse
Mississippi Miss. Code Ann. §15-1-49 Three years from the date of the incident
Missouri Mo. Rev. Stat. § 516.046, Missouri Civil Statute of Limitations Five years from the date of the incident
Montana Mont. Code § §27-2-204(1), Three years from the date of the incident
Nebraska Neb. Rev. Stat. § 25-207 Four years from the date of the incident
Nevada Nev. Rev. Stat. Ann. § 11.215, Nevada Civil Statute of Limitations Two years from the date of the incident
New Hampshire N.H. Rev. Stat. § 508:4-9 There is no limit for victims of sexual assault; they can bring a suit at any time
New Jersey N.J. Stat. § 2A:61B-1, New Jersey Civil Statute of Limitations For minors, two years from the offense or seven years from discovery, whichever is later, to file a lawsuit
New Mexico N.M. Code § 37-1-08 Three years from the date of the incident
New York N.Y. CVP 213-C; Adult Survivors Act (ASA) 20 years from the date of the incident.
Adult Survivors Act (ASA) gives a limited one-year window to file in 2023 for conduct from any year.
North Carolina N.C.G.S. § 1-52(16) Three years from the date of the incident
North Dakota N.D. Cent. Code § 28-01-25.2 Nine years from the date of the incident
Ohio Ohio Rev. Code Ann. § 2305.111(B)(1) One year from the date of the incident
Oklahoma Okla. Stat. tit. 12, § 95 Two years from the date of the incident or from the discovery of the incident
Oregon ORS 12.110(1) Two years from the date of the incident
Pennsylvania Pennsylvania Code 42 Pa. CSA 5533(b)(2), Pennsylvania Civil Statute of Limitations Two years from the date of the incident
Rhode Island R.I. Gen. Laws § 9- 1-51, R.I. Gen. Laws § 9-1-14 For minors, seven years from the date of the incident, for adults, three years.
South Carolina S.C. Code Ann. § 15-3-555 Three years from the date of the incident
South Dakota S.D. Codified Laws § 26-10-25 For minors, three years from the date of the incident
Tennessee Tenn. Code Ann. § 28-3-104 One year from the date of the incident
Texas Texas Civil Practice and Remedies Code, Section 16.003 Two years from the date of the incident
Utah Utah Code Ann. § 78B-2-308 No time limit for children
Vermont 12 V.S.A. § 512, 12 V.S.A. § 512 Three years for adults, no time limit for children
Virginia Va. Code Ann. § 8.01-243 Two years from the date of the incident
Washington Two years from the date of the incident Three years from the date of the incident or time of discovery
West Virginia W.Va. Code § 55-2-15 Four years from the date of the incident or within 18 years of reaching the age of majority.
Wisconsin Wis. Stat. § 893.587, Wisconsin Civil Statute of Limitations For minors, two years from the date of the incident
Wyoming Wyo. Stat. § 1-3-105, Wyo. Stat. § 1-3-105 (b) Four years from the date of the incident for adults,

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‍Disclaimer: The information above is accurate as of November 8, 2023. Please note that statutes are subject to frequent updating, and for each rule, there may be several exceptions, extensions, and other nuances that will depend on each case. 

It is important to note that the statute of limitations can vary widely depending on the age of the person who sustained the injury, the jurisdiction in which the injury occurred, and the unique facts and circumstances of the case. Consulting with an experienced sexual assault attorney is the safest way to be sure that you are properly following state guidelines and properly filing your claim.

Contact an Experienced Sexual Assault Attorney 

Sexual assault lawsuits are both emotionally and procedurally complicated matters. The most important step that you can take is hiring an experienced attorney who can handle your matter proficiently. Part of handling your case is making sure that you follow the statute of limitations. Your attorney can make sure that you are filing your lawsuit within the window of time allowed by the statute of limitations.

Our team is responsible for over $500 million in settlements for injured people in a variety of litigations over the last 10 years. Contact the compassionate team at Levin Simes online or by calling our offices at (415) 426-3000. Let us help you take the first step in the legal process toward the justice that you are entitled to under the law. 

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