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Understanding Statutes of Limitations in Civil Sexual Abuse Cases

Sexual abuse causes profound trauma, with long-lasting effects that often keep survivors from coming forward until much later in life. The complexities of healing can delay action for years, leaving many wondering whether it’s too late to seek justice. However, even if significant time has passed since the abuse, survivors may still have legal recourse. This page will help explain how sexual abuse attorneys can help victims understand the statutes of limitations across different states in the U.S., offering guidance on the right time to file a claim.

What is Sexual Abuse?

Sexual abuse encompasses a wide range of non-consensual actions, including sexual assault, molestation, and sexual harassment. Victims can be children or adults, and abuse can occur within religious institutions, schools, camps, youth centers, foster homes, group homes, workplaces, or families . Whether a person is a child or adult, the devastating impact of sexual abuse is far-reaching, affecting mental, emotional, and physical health. Sexual abuse lawyers are experienced in handling cases involving diverse survivors, each with a unique story of how abuse has affected their lives.

Civil vs. Criminal Sexual Abuse Laws

When it comes to taking legal action, survivors of sexual abuse can pursue either criminal or civil sexual abuse lawsuits. Criminal cases involve the state prosecuting the abuser, which may result in jail time or fines. Civil cases, on the other hand, allow victims to seek compensation for the harm they’ve endured through sexual abuse lawsuit judgments and settlements. While criminal cases focus on punishing the abuser as a means to achieve justice, civil litigation is about securing justice and financial recovery for the survivor. A sexual abuse lawyer can help victims determine the best path forward.

Why Are State Sexual Abuse Laws So Different?

Every state in the U.S. handles sexual abuse laws differently, especially in regard to statutes of limitations—the deadlines for filing lawsuits. These laws vary and may be based on the age of the victim, when the abuse occurred, and whether the survivor has only recently discovered the impact of the trauma. This page provides an overview of how statutes of limitations apply to child sexual abuse lawsuits and adult sexual abuse lawsuits in four key states: California, Hawaii, Louisiana, and Oregon.

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.

Why Choose Waters Kraus Paul & Siegel for Your Sexual Abuse Lawsuit?

At Waters Kraus Paul & Siegel, our sexual abuse attorneys understand the complexities of filing sexual abuse lawsuits and the immense courage it takes for survivors to come forward. Our national team of sexual abuse lawyers have decades of experience helping victims seek justice, no matter how long ago the abuse took place. We offer confidential consultations and are here to help you navigate the legal process with compassion and professionalism.

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