If you’re a survivor of sexual abuse, you may be able to file a sex abuse lawsuit years or even decades later. While the statute of limitations plays an important role in lawsuit restrictions, exceptions and extensions are often applied.
If you’re unsure of what action you can take, we advise that you consult an experienced sex abuse lawyer. Even if decades have passed, you are still entitled to compensation. Shrader & Associates welcomes you to contact our compassionate sexual abuse attorneys for a free and confidential consultation, to determine if you can make a claim despite the time that has passed.
Is There a Time Limit to File a Sex Abuse Lawsuit?
Yes. Sexual abuse claims are typically limited by a deadline defined by the ‘Statute of Limitations’ law. Statutes of Limitations are common in almost all civil lawsuits but vary in each state and crime severity. These laws are designed to motivate survivors to take legal action fast and avoid cases where evidence must be uncovered from decades ago (which can often be difficult).
How Long Is The Deadline for Filing a Sex Abuse Lawsuit?
The Statute of limitations for sex abuse crimes varies with each state and the severity of the crime. It’s important that you check the specific Statute of Limitations law for your state. In many states, for adults, the time limit is 5 years after the incident. However, for abuse against minors, it can be as much as 3-4 decades later. In some states, there are no time limits applied to cases involving abuse against minors.
Can I Still File a Sexual Abuse Lawsuit Years or Decades Later?
You may still have a chance to file a sexual abuse lawsuit, even if you believe you missed the deadline. In many cases, exceptions are made and extensions are applied. For example, in 2018 Boy Scouts reached an $850 million settlement with tens of thousands of sexual abuse victims, with many abuse cases from the 1960s and 70s.
Claims after the Deadline as a Child
Exemptions are especially relevant if the abuse occurred when you were a minor.
Many survivors of child sexual abuse may not have realized what happened until they were much older – for example, they may have been too young to understand or repressed the memory as a trauma response.
There are thousands of sexual assault or rape cases annually among people ages 12 and older. With that in mind, over 30 states apply extensions or total suspensions of their Statute of Limitations to civil claims against child sexual abuse claims.
Claims after the Deadline as an Adult
Exceptions can also apply to cases involving adults, thanks to the ‘discovery rule’. If your state applies this law, then the statute of Limitations may not begin until the date you discovered you were abused. For example, if the discovered abuse occurred while you were sleeping, were drugged, or if you repressed the memory, then how could you have been expected to know?
What Age Does the Statute of Limitations Begin?
In many states, the Statute of Limitations also doesn’t begin until the individual has become a legal adult at the age of 18. For example, if your state’s Statute of Limitations is 5 years, you’d have until you were 23 to file a sexual abuse lawsuit. This is called the ‘Age of Majority’ approach.
Can You Still Gain Compensation?
If the Statute of Limitations has passed, you won’t be able to file a sexual abuse lawsuit to gain compensation for your damages and suffering. But, if your case falls within an exception or exemption, then you will still be able to pursue compensation via a lawsuit. Your sexual abuse attorney will file a civil lawsuit, using evidence that proves the true cost of your abuse – including suffering, medical bills, therapy bills, and loss of potential earnings.
We highly recommend that you contact our experienced sexual abuse lawyers, even if you believe you may be outside of the Statute of Limitations deadline, to determine what is possible. Just because many years have passed, doesn’t mean the severity of the crimes and your rights to compensation have been reduced.
Can You Pursue Criminal Justice?
Criminal cases are entirely separate from civil lawsuits. The result of either does not affect the other. There is no limit to when you can inform the police about the abuse you’ve suffered. Even if the Statute of Limitations for the crime (which has a separate deadline for a civil case) has passed, your report can be extremely helpful.
Your report may help prevent future abuse from occurring, or help should any other victims come forward. In cases involving minors, the Statute of Limitations is also unlikely to apply to criminal cases.
What to Do if You Were Abused under an NDA
We know there are also cases where people have held off from reporting abuse in a place of employment, as they signed a non-disclosure agreement (NDA). If this applies to you, know that the Speak Out Act protects your rights, by making NDA unenforceable if you signed it before your abuse occurred.
How to File a Sex Abuse Lawsuit From Years or Decades Ago
1. Consult an Experienced Sexual Abuse Law Firm
The first step to making a sexual abuse claim is to consult an experienced lawyer. Our team of compassionate and award-winning sexual abuse lawyers welcomes you to a confidential consultation to discuss your case. We’ll carefully use the information you recall to determine where your case falls within the Statute of Limitations in your state and see if any extensions or suspensions apply.
It’s advised to take this route, even if you assume you’ve missed the deadline or the abuse occurred decades ago.
2. Collect Evidence
Naturally, evidence can be extremely hard to find for abuse that occurred years or decades ago. In pre or early internet days, it was especially rare to have constant digital records of our lives. Our team will work with you to uncover as much evidence to support your case as possible, including:
- Letters, photos, and videos
- Doctor’s records and school reports
- Testimonies from family members, friends, coworkers, or partners.
- Any prior criminal history of the defendant
- Any witnesses to the incident, or other survivors of the abuse.
If you have any evidence that could be linked to it, we advise you to store it safely and inform your sexual abuse attorney about it.
3. Determine Your Damages
We will also work to determine the true cost of your damages, taking into account all the medical bills, therapy bills, and related expenses you may have paid. The cost of your suffering and loss of potential earnings may also be factored in.
4. File a Claim
Your sexual abuse lawyer will then file a civil lawsuit against the accused. We will be required to prove “a preponderance of the evidence” (which means prove that is more likely than not). The standard in civil cases is lower than in criminal cases.
In some cases, the defendant may agree to an out-of-court settlement to avoid the story becoming public and to avoid paying high legal fees. If they choose to fight your claim, it will go to court.
Can I Remain Anonymous during My Sexual Abuse Claim?
Naturally, you may be concerned about very private and intimate details becoming public. Thankfully, the Constitution and many state laws protect your right to privacy. Survivors of sexual abuse can often use these rights to protect their identity during the sexual abuse lawsuit. There are also specific legal protections for minors in sexual abuse cases.
Key Takeaways
- Deadlines apply, via the ‘Statute of Limitations’ in your state.
- Deadlines can be several years for adults and decades for minors.
- However, many exemptions and extensions apply, particularly if:
- You were abused as a minor
- You didn’t become aware of your abuse until recently.
- You should contact an experienced sexual abuse lawyer to see what is possible, even if you believe you’re outside of the deadline.
Contact Shrader & Associates for a Free Consultation on a Sex Abuse Lawsuit
Shrader & Associates welcome you to a free, confidential consultation with our experienced sexual abuse attorneys, to determine what rights you have – even if the abuse occurred years or decades ago.
Having helped victims of injuries and abuse for years, our compassionate team knows the emotional strength required to share your experience and will treat it with the utmost severity. We will take care of the stressful paperwork, and communications with opposing lawyers, and help you get the compensation you deserve.
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