Lawsuit Information Center
Sexual abuse laws across the United States vary significantly. Each state has its unique statutes of limitations, definitions of consent, and levels of victim support, which can drastically affect the ease with which individuals can bring forward and sustain claims. In recent years, media attention regarding child sexual abuse scandals within the church and other organizations has prompted many states to amend their statute of limitations laws to make it easier for victims of child sexual abuse to file civil lawsuits.
Our sex abuse lawyers have seen efforts to grade states in 2024 based on how hospitable that state is to sex abuse lawsuits. But we have not seen anyone take all of the relevant factors into account, mostly because of the lack of consideration of whether you can bring a lawsuit against a third party for the wrongdoer’s sexual assault. Pragmatically, you almost always need a negligent third party with deep pockets to pay any sex abuse settlement amount or jury payout.
This page aims to provide a comprehensive analysis of the legal frameworks governing sexual abuse in each state, offering a clear grading system to evaluate how conducive each jurisdiction is for victims pursuing legal action. By assessing factors such as the statute of limitations, the burden of proof required, and the availability of victim advocacy resources, our attorneys provide what we hope is a crucial resource for understanding the challenges and opportunities that survivors face in seeking justice. Use the list below to jump directly to the grade and info for a specific state:
Below are our grading reviews for each state.
State Grades
Maryland has the most favorable SOL laws in the country for child sex abuse lawsuits. In 2023, Maryland enacted a new law that completely removed all statute of limitations periods for civil lawsuits based on sexual abuse of a child. Not only did the new law in Maryland remove the SOL, it applied retroactively to all child sex abuse claims that were previously time-barred under the law. This means victims of CSA in Maryland can now sue even for abuse that occurred decades in the past.
The new Maryland law is being challenged as invalid under the state constitution. The Maryland Supreme Court is expected to rule on that issue before the end of the year. Maryland Sex Abuse Lawsuits
Maine comes in a close 2nd to Maryland as the state with the best SOL laws for child sex abuse lawsuits. In 2000, Maine eliminated the civil SOL limit for child sexual abuse and sex trafficking lawsuits. Initially, that law was not retroactive. However, in 2021, Maine opened a permanent revival window allowing all claims for child sex abuse to be file even if previously time-barred. Me. Rev. Stat. Ann. tit. 14, § 752-C
There are two drawbacks to the Maine statute is that the unlimited SOL does not apply to CSA or trafficking claims that do not involve “direct sexual contact.” Those claims have an SOL of age of minority plus 6 years (so 24th birthday). Just like in Maryland, litigants are challenging whether Maine’s law is valid under the state constitution.
The second drawback is that despite the removal of time limits on child sex abuse civil lawsuits, public entities like schools and other governmental institutions remain protected under the Maine Tort Claims Act. There are so many abuse cases against public schools, and reformatory schools in particular, and there is no justice in those lawsuits in Maine. Maine Sex Abuse Lawsuits
In 2021, Arkansas enacted a new law that significantly extended the SOL for all future lawsuits based on child sexual abuse.
In 2023, Arkansas amended its law yet again. This time it completely eliminated the SOL for all future CSA claims and it also extended the 2-year lookback window by another 2 years. The amendment extended the deadline for the lookback revival window from January 2024 to January 2026. Ark. Code Ann. § 16-118-118.
Child sex abuse is defined under the statute as various degrees of rape and sexual assault, engaging children in sexually explicit conduct, and using children in sexual performances. It also created a two-year lookback window for revival claims that were previously time-barred.
So victims can bring lawsuits against perpetrators or related parties without being constrained by the usual time limits set by other statutes of limitations. Even if previous legal deadlines would have barred these suits, this new law revives and extends the period during which victims can file their claims. Specifically, any claim can be filed between six months and thirty months starting from August 1, 2023.
Arkansas also has a statutory 3-year discovery rule that applies to CSA claims. Arkansas has established itself as one of the most progressive states when it comes to CSA laws. They earn a well-deserved A. Arkansas Sex Abuse Lawsuits
Connecticut’s statute of limitations law for civil lawsuits related to child sexual abuse is very favorable for victims. Under Connecticut law, victims of childhood sexual abuse, assault, or trafficking have until their 51st birthday to file a civil lawsuit against parties responsible for the abuse (Conn. Gen. Stat. § 52-577d). This 51st birthday deadline applies to cases where the abuse occurred in 2019 or later. However, for sexual abuse that occurred before 2019, victims have until their 48th birthday to file a civil lawsuit. Also – the age of majority in Connecticut is 21, not 18. So any sexual abuse victim under the age of 21 is considered a “child” for purposes of this law.
Connecticut’s appellate courts have also clarified that these relatively new laws extending the statute of limitations for child sex abuse claims apply not only to claims against individual abusers but also to claims against third parties based on negligence. See Doe v. Boy Scouts of Am. Corp., 147 A.3d 104, 126 (Conn. 2016) (interpreting that § 52-577d applies to actions against perpetrators and actions against third parties). Also, a fairly narrow narrow exception eliminates the SOL entirely for claims against any defendant (either the abuser or third parties) if the perpetrator of the abuse has been criminally convicted of first-degree sexual assault.
Connecticut’s 51st birthday SOL for new claims and its permanent 48th birthday revival law, applicable to ALL defendants, rank near the top of our victim-friendly list. Connecticut Sex Abuse Lawsuits
A new law that took effect in 2020 has made New Hampshire one of the best states when it comes to statute of limitation laws for child sex abuse victims. That 2020 law completely lifted any SOL time limit on claims for sexual assault of minors. The law established a permanent revival window for previously expired claims. The new, unlimited SOL law applies to all types of defendants (including third-party defendants).
Back in 2019, California amended its statute of limitation law for civil child sex abuse lawsuits to give victims until their 40th birthday (age of majority plus 22 years) to file civil lawsuits. In 2023, California enacted a new law that completely eliminated all statutes of limitation for civil lawsuits based on child sexual abuse. That law only applies prospectively to claims originating AFTER January 1, 2024. However, that same law also imposed the 40th birthday SOL limit retroactively to claims in which the abuse occurred earlier. Cal. Civ. Proc. Code § 340.11. California also has a liberal 5 year discovery rule for child sexual abuse cases involving repressed memory. The discovery rule runs from when “plaintiff discovers or reasonably should have discovered that psychological injury or illness . . . was caused by the sexual abuse.” California Sex Abuse Lawsuits
New York has a very favorable statute of limitations for civil lawsuits involving sexual abuse. If the abuse occurred when the victim was under 18 years old, New York law permits the victim to file a civil lawsuit up until they turn 55 years old. Moreover, A 2-year revival window for expired claims of sexual abuse of children and adults that occurred in NYC is open until March 1, 2025. N.Y.C.P.L.R. § 208
In cases where the abuse or assault took place when the victim was an adult (18 years or older), New York enacted the Adult Survivors Act (ASA). The ASA effectively removes the statute of limitations for sex abuse claims involving adult victims, provided they file their civil lawsuit before November 23, 2023. New York Sex Abuse Lawsuits
In 2013, Minnesota became one of the earliest states to amend its SOL laws for CSA cases. Minnesota enacted a new law that eliminated all SOLs for CSA lawsuits against ALL defendants (including third parties like schools and churches). It also created a 3-year revival window (that expired in 2016). The new law applies to claims against the perpetrator and negligence claims against third parties. However, claims against employers based on vicarious liability must be filed by the victim’s 24th birthday. MINN. STAT. ANN. § 541.073
In 2019, New Jersey extended the SOL for child sex abuse claims. Under the new law, victims of child sexual abuse have until their 55th birthday to file a lawsuit. The new law in NJ also included a lookback revival window of 2-years that allowed claims for CSA that had already expired to be filed. That lookback closed in November 2021. However, NJ also adopted a statutory discovery rule that allows ANY child sex abuse claims to be filed within 7 years after “discovery” and this discovery tolling provision applies even to claims that had expired. N.J. Stat. Ann. §§ 2A:14-2
The combination of the 55th birthday SOL for CSA claims moving forward, the 2-year revival window, and the retroactive 7-year discovery rule, put New Jersey in the upper tier, but not the top. New Jersey Sex Abuse Lawsuits
Thanks to a new law passed in 2019, child sex abuse victims in Rhode Island have until age 53 to file a civil lawsuit and this applies to all defendants, including third parties like schools and churches. The new law also revived expired claims until the victim reached age 53, but that revival part of the law only applied to claims against the individual perpetrator, not third parties. Rhode Island does have a 7-year discovery rule that now applies to claims against third-party defendants.
Kansas is one of the states that has enacted new laws to facilitate civil lawsuits for victims of child sexual abuse. In 2023, Kansas passed legislation that extends the statute of limitations for child sex abuse lawsuits. Under this new law, child sex abuse victims can file a civil lawsuit anytime before their 31st birthday (which is the age of majority [18] plus 13 years), or within 3 years after the abuser is criminally convicted, whichever occurs later (Kan. Stat. Ann. § 60-523(a) (2023)). The new law also retroactively revived claims up until the victim turns 31 or 3 years after a criminal conviction of the abuser. So basically the law revived all claims in which the abuse occurred after 1992. The 2023 law appears to apply to ALL defendants. Kansas Sex Abuse Lawsuits
In North Dakota, victims of child sexual abuse who were abused while under age 15 now have until their 36th birthday to file a civil lawsuit. If the abuse victim was a minor between the ages of 15-18 when the abuse occurred, the statute of limitations will be 21 years from the date that the last act of abuse occurred. N.D. Cent. Code Ann. §§ 28-01-18. North Dakota also has both a common law discovery rule and a statutory discovery rule that applies to child sex abuse claims. The fact that all of these laws are applicable to third-party defendants earns North Dakota a solid B.
Victims of sex abuse in Oregon have a long time to gather to courage to file a lawsuit. Child sex abuse victims have until their 40th birthday to file a civil lawsuit. Or. Rev. Stat. Ann. § 12.117. That SOL can be further extended by a 5-year discovery tolling rule which allows victims to bring civil lawsuits 5-years after they first remember or realize that they were victims of abuse. All of these generous SOL laws also apply to claims against all defendants, including third parties. What makes the Oregon laws even better, is that they passed a retroactive revival law in 2010, reviving all claims by survivors of child sex abuse up until they reach age 40.
Most people (including many lawyers) have been under the assumption that Vermont has one of the best SOL laws in the country for CSA claims. In 2019, Vermont amended its existing SOL law to make it much easier for child sexual abuse victims file civil lawsuits, even decades after the fact. Vermont completely eliminated all SOL time limits for filing civil lawsuits for sexual abuse of a child. Vermont also made that new law retroactive by creating a permanent revival period which meant that the SOL was lifted for all previously expired CSA claims. These new laws also applied to ALL defendants, both the individual abusers and third parties like churches and schools.
All of this seems to make Vermont a haven for CSA victims …. Right? Wrong. When you actually read the text of the 2019 Vermont statute, it makes it very clear that much like Delaware, third party defendants (schools, churches, etc.) can only be liable in sex abuse lawsuits if they are guilty of “gross negligence.” Gross negligence is a exceedingly high standard that would almost be impossible to establish in a sex abuse lawsuit against a third party defendant. This means that much like Delaware, Vermont’s highly touted extended SOL law for CSA claims is actually very hollow. The extended SOL only really gives victims the chance to sue the individual abusers.
We still gave Vermont a B — mainly for effort. Vermont Sex Abuse Lawsuits
In 2014, Illinois eliminated any SOL for CSA claims, but it only applied to future claims with no revival or retroactive application. For abuse occurring after 2010, the SOL is the age of majority plus 20 years (so 38th birthday). Abuse after 2003 is a age of majority plus 10 years. To its credit, back in 2009 Illinois did attempt to create revival window for expired claims. However, the Illinois Supreme Court ruled that this law was unconstitutional. Doe A. v. Diocese of Dallas, 917 N.E.2d 475, 486 (Ill. 2009) (finding that “once a claim is time-barred, it cannot be revived through subsequent legislative action without offending the due process protections of our state’s constitution.”). Illinois Sex Abuse Lawsuits
Nevada has implemented recent legislative changes to support victims of child sexual abuse in pursuing civil lawsuits. These new laws greatly extend the statute of limitations, enabling victims to seek legal action many years after the abuse took place. According to the revised statutes, individuals who experienced child sexual abuse or exploitation in Nevada now have until their 38th birthday (including the age of majority, 18, plus an additional 20 years) to file a civil lawsuit (Nevada Revised Statutes § 11.215). Nevada Sex Abuse Lawsuits
Kentucky’s base statute of limitation law for child sex abuse lawsuits is not all that great. Ky. Rev. Stat. Ann. § 413.249 gives child sex abuse victims until age 28 to file civil lawsuits (against any type of defendant). Ordinarily, that would rank Kentucky in the D or even D- minus grade range. What saves child sex abuse victims in Kentuck is the fact that in 2021, Kentucky passed a new law creating a 10-year statutory discovery tolling rule for child sex abuse victims. This gives abuse victims 10 years from the date when they “knew, or should have known, of the act.” What is even better, is that the 10-year discovery rule was made retroactive and it applies to third party defendants.
Under Texas law, if the sexual abuse took place when the victim was a child (under age 18) then that victim has until their 48th birthday (30 years after they turn 18) to file a civil lawsuit based on that abuse. Texas Civ. Prac. & Rem. Code § 16.0045(a). For cases in which the victim of the sexual abuse or assault was an adult, the statute of limitations is 5 years after the last act of abuse. Texas does recognize a discovery rule which can extend the SOL, but it is very limited in nature.
The SOL giving CSA victims until their 48th birthday to file lawsuits does appear to be fully applicable to claims against ALL types of defendants, including schools and churches. The only drawback is that this law only applies to sexual abuse that occurred after 2019 (when the law was enacted). Texas chose not to make the law retroactive or create a lookback window for revival claims. The absence of any revival window brings down the overall grade for Texas to a C. Texas Sex Abuse Lawsuits
Washington currently has a strange SOL law for CSA claims. All CSA lawsuits are covered by the state’s general 3-year SOL, but the law gives victims a very large amount of “wiggle room” for when that 3-year period begins to run. For child sex abuse cases, the 3-year SOL period begins running from the later of the following 3 different points:
3 years from the child’s 18th birthday (i.e., when the victim turns 21)
3 years from the date that the victim reasonably should have discovered that they were injured by acts of sexual abuse
3 years from the time that the victim understood or should have understood the nature of the abuse. RCW § 4.16.340.
The language of the Washington statute refers to claims for “intentional” acts, but the courts have ruled that it applies to negligence claims against third parties. C.J.C. v. Corp. of the Catholic Bishop of Yakima, 985 P.2d 262 (Wash. 1999) Washington Sex Abuse Lawsuits
Under a new Michigan law enacted in 2018, adult victims of sexual abuse have 10 years from the date of the abuse to file a civil lawsuit. Victims of child sexual abuse have until their 28th birthday to file a civil lawsuit, or 3 years after they “discover” that they were victims of abuse, whichever is later. Mich. Comp. Laws § 600.5851
The Michigan legislature is currently considering another new law that would make it even easier for victims to sue for sexual abuse. The new law would create a 2-year revival window for victims of sexual abuse to file lawsuits even when the abuse occurred decades ago.
Michigan gets a C- mainly because of its discovery rule, which could theoretically extend the SOL for decades. Michigan Sex Abuse Lawsuits
In 2019 Pennsylvania passed a new law revising the SOL for CSA claims. Under the new law, victims who were minors (under age 18) when the abuse occurred have until their 55th birthday to file a civil lawsuit against the abuser or third parties. Victims who were between ages 18-24 when the abuse occurred have until their 30th birthday. 42 Pa. Cons. Stat. § 5533
The only drawback of the new law in Pennsylvania (and its a big drawback) is that the new law had no retroactivity and there was no lookback window or revival period created. What does that mean? It means that the new 55th birthday SOL for CSA claims only applies to sexual abuse occurring AFTER Jan. 1, 2019. Any victim who was abused before 2019 is still covered by the general 2-year SOL — so child victims would have until their 20th birthday. That ranks as one of the shortest SOLs in country. Pennsylvania is currently seeking to amend its state constitution to allow the new SOL to apply retroactively, but until that actually happens they earn a D from us. Pennsylvania Sex Abuse Lawsuits
In Virginia, victims of child sexual abuse have until their 38th birthday (which is 20 years after turning 18) to file a civil lawsuit. This is outlined in Va. Stat. § 8.01-243(D). Adult victims of sexual abuse have 10 years to file a lawsuit and a new law passed in 2023 extends this period to 15 years for adult victims of sexual abuse if the perpetrator was a “person of authority.”
The 20 year SOL law in Virginia was enacted in 2011 with not revival window. However, Virginia has a somewhat unique 20-year statutory “discovery tolling” period. Under this rule, victims with repressed memories of their abuse can file a lawsuit 20-years after they first discover their mental injury and its causal connection to the sexual abuse. Unfortunately, this 20-year discovery rule only applies to claims against individual abusers, not third-party defendants. Virginia Sex Abuse Lawsuits
In West Virginia, child sexual abuse victims have until their 36th birthday to file a civil lawsuit against all types of defendants. W. Va. Code Ann. § 55-2-15 (2016). That SOL can also be extended by a 4-year “discovery rule” that applies when the victim has repressed memories of the abuse.
West Virginia also created a new lookback or revival law that allowed victims of child sexual abuse to file civil lawsuits for abuse that occurred decades in the past. The WV revival law created a 4-year limited window for victims to bring old claims that had already expired under the existing SOL. The revival law was basically symbolic only, however, because it only allows victims to sue the individual perpetrator, and not third parties like schools or churches. West Virginia Sex Abuse Lawsuits
If the victim was an adult when the abuse occurred, they have 2 years to file a lawsuit under Wisconsin’s general personal injury SOL (Wis. Stat. Ann. §§ 893.16). For child victims, the 2-year SOL is tolled until they reach the age of majority (18), allowing them to file lawsuits until their 20th birthday.
Wisconsin has established some exceptions or “carve-outs” that extend the SOL for certain cases. In 2004, Wisconsin extended the SOL for child sex abuse cases (involving victims under 18) from age 20 to age 35 (Wis. Stat. Ann. §§ 893.587). However, this extension applies only if the victim is suing the individual who committed the abuse; claims against most third parties, such as schools, are not covered. Cases involving child sexual abuse by clergy members fall under this extended SOL, allowing victims to file lawsuits until their 35th birthday, including claims against both the individual clergy member and the church (Wis. Stat. Ann. § 895.442).
Wisconsin gets a D+ primarily because it created an extended SOL for claims against clergy or churches, and other claims. The lack of any revival window keeps them in the D range. Wisconsin Sex Abuse Lawsuits
Arizona amended its child sex abuse statute of limitations in 2019. Under the current law, Arizona child sex abuse victims have until age 30 to file a civil claim and this applies to any type of defendant, including third parties. As part of that 2019 law, Arizona created a lookback window for revival claims that lasted from May 2019 to December 2020. Unfortunately, the revival window was very limited and few claims were filed. The 2019 also included an upgraded statutory discovery tolling rule that can extend claims for up to 12 years.
In recent years, Colorado lawmakers have been engaged in efforts to revise existing laws to empower victims of child sexual abuse to pursue civil lawsuits even long after the abuse occurred. In 2021, the state legislature passed a new law that introduced a 3-year “lookback” window, allowing child sex abuse victims to file civil lawsuits for abuse dating back to as early as the 1960s.
However, the Colorado Supreme Court invalidated this law, citing violations of the state constitution. In response, Colorado lawmakers are now contemplating a state constitutional amendment aimed at enabling survivors of childhood sexual assault to sue for older claims, but it faces significant opposition, complicating its progress in the Senate. This proposed amendment seeks to bypass the Colorado Supreme Court’s ruling that deemed the lookback law unconstitutional. The proposed constitutional amendment would permit retrospective legislation for cases involving child predators.
The Supreme Court only struck down the revival part of the new law. So all CSA claims accruing after 2021 are not subject to any SOL. Colorado Sex Abuse Lawsuits
At first glance, Delaware seems to have great statute of limitation laws for victims of child sexual abuse. Most third-party sources report that in 2010, Delaware enacted a new law eliminating any SOL for child sex abuse lawsuits. The problem is that the unlimited SOL only applies to claims against the individual perpetrator of the abuse. Third parties like schools and churches can only be held liable under the unlimited SOL law for sex abuse claims if the plaintiff can show that they acted with “gross negligence.” Gross negligence would be extremely difficult to prove in a third party sex abuse lawsuit, so claims against third parties in Delaware are basically prohibited.
Missouri has two different SOLs depending on whether the defendant is the individual abuser or a third party like a school or church. For lawsuits against an individual perpetrator, CSA victim has until their 31st birthday to file a lawsuit. For claims against third parties, however, victims have until their 26th birthday. These SOLs only apply to CSA claims where the abuse occurred recently, with no revival period or lookback window.
However, the time limits can be extended by a 5-year common law discovery rule that applies to claims against ALL defendants. Missouri’s discovery rule runs from when “a reasonable person would have been put on notice that an injury and substantial damages may have occurred and would have undertaken to ascertain the extent of the damages.” Powel v. Chaminade Coll. Preparatory, Inc., 197 S.W.3d 576, 584 (Mo. 2006)
Missouri gets a D. Age 26 is too short for claims against third parties. The 5-year discovery rule is helpful, but it’s not statutory and there are revival claims. Missouri Sex Abuse Lawsuits
Montana’s statute of limitations gives victims of child sexual abuse until their 27th birthday to file a civil lawsuit. Montana also has a statutory discovery rule that can extend the SOL up to 3 years after discovery. This is applicable to all types of defendants. In 2019, Montana also gave victims of child sex abuse a 1-year lookback window for revival claims.
For claims against the individual who committed the sexual abuse, there is no SOL in Nebraska. That’s wonderful, but we care more about claims against third parties like schools and churches. In that category, Nebraska law falls very short. Child sex abuse victims have 12 years after they reach the age of majority to file a lawsuit against a third party who negligently enables the sexual abuse to occur. This probably would have been enough to push Nebraska up to a D+ or even a C-, were it not for the fact that Nebraska has no discovery tolling rule at all for sex abuse claims.
New Mexico’s base statute of limitations for child sexual abuse lawsuits is fairly restrictive. The statute gives child sex abuse victims until their 24th birthday to file a lawsuit (for human trafficking claims the SOL is longer at age 28). N.M. Stat. Ann. § 37-1-30 (2002). The reason New Mexico didn’t earn the lowest possible grade of F is because they have a very liberal and forgiving discovery rule that applies to child sex abuse cases. Under the discovery rule, victims can file a lawsuit 3 years after they “knew or had reason to know, as established by competent medical or psychological testimony, that the injury was caused by childhood sexual abuse” … OR 3 years after the victim first disclosed the abuse to a licensed mental health care provider or doctor. Even better, the discovery rule applies to claims against 3rd parties. N.M. Stat. Ann. § 37-1-30
In 2019, North Carolina passed a new law extending the time frame for victims of childhood sexual abuse to file civil lawsuits. Under this law (the SAFE Child Act), childhood victims of sexual abuse have until their 28th birthday to file a civil lawsuit for sexual abuse. N.C. Gen. Stat. § 1-17(d) If the sexual abuse occurred when the victim was over the age of 18, the victim has 3 years to file a civil lawsuit under North Carolina law. North Carolina Sex Abuse Lawsuits
In 2006, Ohio extended its SOL for CSA lawsuits to age 30 (age of majority plus 10 years). But that law was not retroactive and no revival window was created. Anything before that is subject to a in incredibly short SOL of 1 year plus age of majority (so 19th birthday). In October 2023, Ohio did pass a new law opening a 5-year revival window specifically for claims against the Boy Scouts of America’s bankruptcy estate. Ohio Rev. Code Ann. §§ 2305.111
Ohio courts had previously recognized a limited discovery tolling rule for CSA cases involving repressed memories, but the Ohio Supreme Court later held that the passage of the new SOL law 2006 superseded that discovery rule. So today there is no discovery rule, except in the case of fraudulent concealment by the defendant. Ohio Sex Abuse Lawsuits
South Carolina has a fairly strict statute of limitations that only gives child sex abuse victims until their 27th birthday to file civil lawsuits. This law has been on the books since 2001 and there has never been any lookback window or revival. The only thing keeping South Carolina from getting an even lower grade from us is the fact that they have a statutory discovery rule that gives abuse victims 3 years from when they discovery a connection between their injury and their abuse. This discovery rule is very liberal and applies to 3rd party defendants like schools and churches. With no revival or lookback window, however, they are only worthy of a D.
Utah earns a D, just barely. Utah has no statute of limitations at all for child sex abuse civil claims against the individual perpetrator. But for negligence claims against third parties like schools, churches, or employers, the SOL is very strict. Third-party sex abuse claims must be filed by the victim’s 22nd birthday. The only thing saving Utah from an F grade is a statutory 4-year discovery rule for CSA claims against all defendants, running from “when a victim knows or reasonably should know that the injury or illness was caused by the intentional or negligent sexual abuse.”
The statute of limitations for child sex abuse lawsuits in Tennessee gives victims until their 33rd birthday to file a civil lawsuit. That SOL can also be extended using Tennessee’s statutory 3-year discovery rule, which tolls the SOL until 3 years after “an injured person becomes aware that the injury or illness was caused” by sexual abuse. The discovery rule applies to third party defendants, but it might not apply to claims against the government.
Florida is one of those states where the SOL laws look okay at first. There is no SOL at all for claims involving “sexual battery” of victims under the age of 16. Sounds okay right? Child victims over 16 face a more restrictive time limit. They have until their 25th birthday to file a lawsuit. Sounds restrictive, but it can be extended by a 4-year discovery rule for cases of repressed memories … so maybe not so bad.
In reality, however, these extended SOL laws are meaningless because they only apply if the victim is suing the individual person(s) who committed the sexual abuse. If the victim wants to sue a third-party defendant (e.g., school, church, etc.) for negligently allowing the abuse to occur, those claims are covered by Florida’s general 2-year SOL for tort claims. In 98% of cases, suing a third-party defendant is the only way to get money in a sex abuse case. So Florida basically has a 2-year SOL for sex abuse cases if you want to go after third parties – that is one of the shortest SOLs in the country. Fla. Stat. Ann. § 95.11 Florida Sex Abuse Lawsuits
If the abuse victim is an adult at the time the sexual battery takes place, then Indiana’s general 2-year statute of limitations for personal injury claims applies. This means the victim must file their lawsuit within 2-years of when the abuse occurred. Ind. Code § 34-11-2-4.
If the victim is under the age of 18 when the act of sexual abuse occurred, then a new law passed in 2013 gives victims 7 years from the date the “cause of action accrues;” or 4 years after the victim stops being a “dependent” of the alleged abuser. The cause of action does not “accrue” until the victim turns 18, so they have until their 25th birthday. Indiana does recognize the discovery rule, however, the appellate courts have interpreted it very narrowly in the context of sexual abuse cases.
Victims of CSA in Indiana have to file lawsuits well before their 30 birthday, which earns this state a D-. Indiana Sex Abuse Lawsuits
At first glance, it looks like Louisiana joined the trend among states that have recently revised their statute of limitations laws to facilitate civil lawsuits by victims of child sexual abuse. In 2021, Louisiana abolished its SOL for all future civil lawsuits related to child sexual abuse. This means that there is no time limit (SOL) for child sex abuse lawsuits based on abuse occurring after January 1, 2021. Louisiana also created a 3-year “lookback window” allowing victims of child sexual abuse a 3-year period to file civil lawsuits without any SOL restrictions, regardless of when the abuse occurred. This lookback window is scheduled to conclude in June 2024. (La. Stat. Ann. § 9:2800.9 (2021))
This seems like a really good law. In fact, when we started doing these rankings we penciled in Louisiana for a letter grade of A-. But on closer inspection, the Louisiana’s 2021 law has a MAJOR flaw. The law lifting the SOL for CSA claims ONLY applies to lawsuits against the individual abuser, not institutional third-parties. The language of the statue refers to “[a]n action against a person for sexual abuse …” The term “against a person” clearly appears to exclude claims against third parties like schools and churches. That makes the 2021 law in Louisiana basically meaningless because suing third-party defendants is the only way for victims to get compensation.
In March 2024, the extent of the 2021 SOL law became a moot point because the Louisiana Supreme Court ruled that the law was unconstitutional. Bienvenu v. Defendant 1 2024 WL 1229123 (La. 2024). The hollow 2021 law earned Louisiana a D-. The only reason they don’t get an F is that they appear to have a very liberal discovery rule that applies to claims against ALL types of defendants in CSA claims. Under the discovery rule, the SOL “commences to run not necessarily on the date the injury occurs or the damage is sustained, but from the date the affected individual knows or should have known of the injury or damage sustained.” Doe v. Roman Catholic Church, 656 So. 2d 5, 7 (La. Ct. App. 1995) Louisiana Sex Abuse Lawsuits
Civil lawsuits for sexual abuse are covered by the general 3-year statute of limitations. Miss. Code Ann. § 15-1-49. If the abuse happens when the victim is a minor (the age of majority in Mississippi is 21), the 3-year period does not begin to run until the victim reaches that age. So child sex abuse victims in Mississippi have until their 24th birthday to file a lawsuit.
The only thing that saves Mississippi from an F grade is that the state has a very flexible discovery rule that the state appellate courts have interpreted liberally. The Mississippi Supreme Court recently used the discovery rule to allow a CSA claim 30 years after the abuse occurred. McGowen v. Roman Cath. Diocese of Biloxi, 319 So. 3d 1086 (Miss. 2021). Mississippi’s generous discovery rule is the only anchor of hope for CSA victims in a state that has otherwise made no effort whatsoever to amend its SOL laws for sexual abuse lawsuits. 21 as the age of majority is also helpful. Mississippi Sex Abuse Lawsuits
Wyoming has not joined the wave of states that have amended their child sex abuse statute of limitation laws in the last decade. In Wyoming, victims of child sex abuse have until age 26 (majority plus 8 years) to file civil lawsuits. That applies to any defendants (including third-parties like schools and churches). This otherwise very strict SOL is softened somewhat by a 3-year discovery rule, however, there is some question as to whether the discovery rule even applies to claims against third-party defendants. Moreover, the discovery rule has been interpreted very narrowly.
In 2019, Alabama joined many other states that were revising their statute of limitation laws to allow victims of child sex abuse to get justice. Unfortunately, the new law Alabama was pretty pathetic. Victims of child sexual abuse in Alabama have until their 25th birthday to file a civil lawsuit. Ala. Code § 6-2-38. Prior to this amendment, child sex abuse victims only had until their 21st birthday. Not only is age 25 one of the shortest SOLs in the country for child sex abuse, Alabama has never had any lookback window or revival law for expired CSA claims. To make the situation in Alabama even worse, there is no statutory or caselaw discovery rule for repressed memory victims.
When we created our grading scale, we decided not to do + or – for the F grades because we figured an F was low enough. If we had, however, Alaska would have been one of only 2 states to earn an F-. Alaska has some of the worst, most restrictive statute of limitations laws in the country when it comes to child sex abuse lawsuits. Survivors of child sexual abuse in Alaska only have until their 21st birthday to file a civil lawsuit (age of majority plus 3 years). Alaska does have a common law discovery rule that has been applied to CSA claims, but it is capped by a 10-year statute of repose.
Georgia arguably has the worst statute of limitations laws of any state in the U.S. when it comes to sexual abuse and child sexual abuse claims. Unlike most states, Georgia has basically done nothing to extent its SOL for child sexual abuse claims. Victims of child sexual abuse are still subject to Georgia’s general 2-year statute of limitations. The only small bonus is that the 2-year period doesn’t begin to run until the victim turns 21 (which is the age of majority in GA). So child sex abuse victims have until their 23rd birth to file lawsuits. Ga. Code Ann. §§ 9-3-33.1
In 2015, Georgia created a 2-year discovery rule to extent the SOL for child sex abuse claims, but that only applies to abuse that occurs AFTER 2015. Moreover, the Geogia appellate courts have interpreted the discovery rule very narrowly. An SOL of age 23, plus a hollow discovery rule earn Georgia an F. Georgia Sex Abuse Lawsuits
Hawaii is the other state that would earn an F- if we were giving minus grades out for the Fs. In fact, Hawaii’s statute of limitations laws are even worse than Alaska’s. Victims of child sexual abuse in Hawaii have until age 20 to file a civil lawsuit (age of majority plus 2 years). That is the shortest time frame of any SOL for child sex abuse in the country. To make it even worse, there is no discovery tolling rule available to extend it.
Victims of child sex abuse in Idaho only have until their 23rd birthday to file civil lawsuits. That is one of the shortest child sex abuse SOLs in the country. In 2007, Idaho did pass a new law creating a statutory discovery tolling rule which gives child sex abuse victims 5 years after reasonable discovery of the abuse and its “causal relationship to an injury or condition” to file a lawsuit. However, the discovery rule had no retroactive effect when enacted in 2007.
Iowa’s base level statute of limitations for child sex abuse claims is the shortest in the country. Child sex abuse victims only have until age 19 (majority plus 1-year) to file a lawsuit. In some states, age 19 does not even qualify as age of majority, so this is absurdly short and earns Iowa an F almost by default. The only reason we aren’t calling Iowa the “worst” in the country is because Iowa does have a separate SOL law that applies to claims involving sexual abuse by teachers or counselors. When the claim involves abuse by a teacher, the SOL is the later of 5 years from the last treatment or the last date victim attended school, or age 19.
In 2017, Oklahoma extended its SOL for child sex abuse claims to age 45, but that only applied to claims against the individual perpetrator. If child sex abuse victims in Oklahoma want to sue a third party like a church or school, they are still subject to the general SOL. That means they have until age 20 (majority plus 2 years) to file their case. Oklahoma did create a statutory discovery rule in 1992, but it is very limited and requires both objective, verifiable evidence of psychological repression of the victim’s memory and corroborating evidence that the sexual abuse occurred.