Understanding Statutes of Limitations in Civil Sexual Abuse Cases

In California, sexual assault litigation is governed by specific statutes of limitations for both adult sexual abuse lawsuits and child sexual abuse lawsuits. For personal injury claims, victims have two years to file their case. When it comes to adult sexual abuse lawsuits, if the abuse occurred after January 1, 2019, the statute of limitations is 10 years from the date of the abuse or three years from when the survivor discovered the injury. If the abuse took place between January 1, 2009, and January 1, 2019, there is no statute of limitations until December 2026. If the abuse happened outside of these timeframes, the victim has two years to file a claim.

For child sexual abuse lawsuits, if the abuse occurred before January 1, 2024, the statute of limitations allows survivors to file a lawsuit until age 40 or within five years of discovering that a psychological injury or illness in adulthood was caused by the sexual assault. For abuse that occurs after January 1, 2024, there is no statute of limitations, giving survivors even more flexibility to seek justice. Proposed legislation may further extend these timelines, offering more opportunities for survivors to pursue justice for sexual abuse.

Hawaii has specific timelines that apply to sexual abuse lawsuits. For personal injury cases, survivors must file within two years. For adult sexual abuse lawsuits, the statute of limitations is two years from the date of the abuse or the discovery of the harm. When it comes to child sexual abuse lawsuits, victims can file claims against the perpetrator until they turn 26 years old or within three years of discovering the harm caused by the abuse. For other defendants, such as institutions, the statute of limitations is until the survivor turns 20 or two years from discovery. Survivors of sex trafficking have until age 26 to file a claim. Proposed changes to Hawaii law may extend the statute of limitations, allowing survivors to file claims until age 50 with a five-year discovery rule, while also providing remedies such as punitive damages and restorative justice.

Louisiana’s laws surrounding civil sexual abuse lawsuits are unique, offering distinct statutes of limitations depending on whether the victim is an adult or a child. In personal injury cases, survivors have one year to file their lawsuit. For adult sexual abuse lawsuits, the statute of limitations is also one year. However, Louisiana offers far more flexibility for child sexual abuse lawsuits. There is no statute of limitations for claims of child sexual abuse or sex trafficking against any defendant. Additionally, a three-year revival window is currently open until June 14, 2027, allowing survivors of previously expired child sexual abuse claims to file lawsuits against any type of defendant.

In Oregon, sexual abuse survivor legal help is available to victims of both adult and child sexual abuse under specific statutes of limitations. For personal injury cases, survivors have two years to file a claim. For adult sexual abuse lawsuits, the statute of limitations is also two years. In the case of child sexual abuse lawsuits, survivors can file a lawsuit until age 40 or within five years of discovering the injury or illness caused by the abuse. Oregon also provides protection for survivors of sex trafficking, allowing them to file claims until the later of age 28 or 10 years after the trafficking ends. Oregon’s laws ensure that survivors of child sexual abuse have ample time to seek justice, regardless of when they come forward.