Survivors of sexual abuse already have it tough.
Unfortunately, the legal system has designed a trap to keep survivors from ever getting justice.
Statute limitations end years before the average survivor even realizes they have a case.
And with good reason.
Traditional time limits are designed to protect defendants’ rights and ensure a fair trial. Their job is to guarantee that evidence is still fresh and witnesses are still available when a case goes to court.
They work great for most crimes.
Violent assault. Burglary. Fraud. People report these offenses quickly. Justice is served.
Sexual abuse cases? Completely different.
Sexual abuse shatters a person’s world. It’s a trauma that takes years to recover from. Survivors often don’t speak up for decades after the crime occurred. Why? Shame. Fear. Abusers often make threats. In some cases, children simply don’t understand what happened was wrong.
Most survivors face a crushing truth…
By the time they are ready to tell someone, the law has already made it impossible for them to get justice.
For years, that’s been the final answer for survivors. Until now.
Things are starting to change.
States are finally waking up to the fact that justice delayed is justice denied when it comes to sexual abuse. They are reforming their statute limitations laws for good.
It’s time to know what’s happening now, and what legal options you have.
In this ultimate guide, I’ll break down everything you need to know about statute limitations in sexual abuse cases.
We’ll look at:
- Why the discovery rule is so important in sexual abuse cases.
- The huge reform in statute of limitations happening across the country.
- Options available today for survivors of abuse.
- How to take your first steps towards justice today.
Ready? Let’s start breaking down the law.
Statute of Limitations in Sexual Abuse Cases: The Naked Truth
The discovery rule in sexual abuse cases and statute limitations simply don’t match up.
Let me start with a piece of information you may not know.
The average age of disclosure for child sexual abuse is 52 years old.
That means that more than three decades after the abuse happens, most survivors are just now ready to come forward.
Think about that for a moment.
By the time survivors are ready to tell someone, most of the time, the window to file a lawsuit has long closed. When we’re talking about time limits for child sexual abuse, we are most often referring to either civil or criminal cases. Traditional statute of limitations for rape were put into place for a very good reason.
So how does the discovery rule fit into all this?
The time limits on these cases work like this: You had a set number of years to file your lawsuit after you turned 18 years old. Simple right?
Here’s the problem.
Most survivors don’t even realize they have a case until 20, 30, even 40 years after the abuse happened. Because most cases are reported so long after the abuse occurs, the majority of civil lawsuits for survivors are, by design, barred before the first time they reach out for help.
Shocking, isn’t it?
These laws work great for most crimes. Assault. Robbery. Fraud. People report these crimes early and often. Justice is done.
Sexual abuse cases? Not so much.
When you are a victim of robbery, you report it to the police. No one needs years to gather the courage to come forward. Or to even realize it’s not their fault.
Sexual abuse creates a whole different kind of trauma.
Survivors need years to recover. The mental and psychological effects can lead to survivors repressing the memory entirely. In some cases, the abuser has also threatened them. And in cases of childhood sexual abuse, it’s not unusual for survivors not to have the emotional maturity at the time of the abuse to even know something is wrong.
Between 55% and 70% of victims of child sexual abuse don’t disclose until they are adults. To put this into perspective, there are more than 42 million survivors of sexual abuse in America alone.
But thankfully, that’s finally changing.
The Fight for Justice in Sexual Abuse Cases is Heating Up
You want to know the best part?
States are waking up to this problem.
In one of the best developments in justice for survivors of sexual abuse in years, at least 14 states have completely eliminated criminal statutes of limitation for certain sex crimes.
This is huge.
California, New York, Vermont, and others have passed survivor-friendly laws that are changing the game for those harmed.
California allows for survivors of childhood sexual abuse to file a civil case until they are 40 years old or five years after the discovery of the abuse. Abuses after January 1, 2024, will have no limit.
New York now allows for survivors of sexual abuse to file a civil lawsuit until they are 55 years old, as well as created revival windows for previously time-barred cases.
Vermont completely eliminated statute limitations for filing civil actions in cases of sexual abuse. No time limit at all.
Each state is going about this in their own way. But all are moving in the right direction. Survivors first.
The Legal Landscape for Survivors: Options You May Qualify For Today
All of this may sound very promising if you are a survivor of abuse looking for justice.
But what does this all mean in real life today?
Survivors today are in a new legal landscape. Because this is an issue that is happening now, the laws are in a constant state of flux. States are constantly changing their sexual abuse statute limitations laws.
Where a survivor is located when they first come forward is the jurisdiction whose laws apply. What that means for a survivor is that they need to be very aware of how statute limitations work.
Some states have created a “discovery rule” for sexual abuse. These states recognize that it can take a long time for survivors to even realize what happened was wrong or even abuse. This means the statute limitations don’t even start until the person comes forward. For those who may have repressed memories, this can be a huge win.
In many states, those who abused a child or a vulnerable adult will often see a longer statute limitation period. In some cases, those in positions of authority may see the time bar completely removed.
Are you seeing what this means?
State statutes of limitations on civil sexual abuse cases are changing. But that doesn’t mean survivors can’t get the help they need and the justice they deserve right now.
Survivors Need to Know Their Options
For the vast majority of survivors of sexual abuse, there are options.
A lot of this centers on understanding the trauma of child sexual abuse. Survivors of sexual abuse face psychological and emotional trauma that victims of other crimes don’t.
Because of this, courts have been forced to adapt. They are recognizing that survivors need more time, more resources, and more assistance.
The single most important thing a survivor can do today is reach out to an attorney who understands trauma and works with survivors.
Courts are also learning more and more about trauma and why survivors take so long to come forward. They are more willing than ever to listen to survivors, even those who have waited decades to tell their stories.
Are you a survivor who is ready to do something about it?
Wrapping This Up
Survivors of sexual abuse are a special case.
Courts are slowly but surely learning that we need to treat them differently, and act as such. Laws change. Resources are available for those who need help now.
Ready to take the first step in learning your options and getting on the road to justice?
Get in touch with a sexual abuse survivor lawyer today. Free consultations are more common than not for survivors.
You are not alone in this fight.
Survivors of sexual abuse have already waited way too long for justice. The tide is finally turning, and the resources available to help you fight are growing every single day.
