Statute of Limitations on Sexual Assault: A State-by-State Guide

Sexual assault survivors may have many obstacles to overcome as they try to come to terms with the trauma they endured. Apart from dealing with the mental, physical, and emotional aftermath of the abuse, many survivors may also fear that their abuser will never be brought to justice in a court of law, potentially due to an expired statute of limitations. In the United States, every state has different laws about how much time an individual has to file a civil lawsuit for compensation after being sexually assaulted (known as the statute of limitations).

The statute of limitations for sexual assault survivors who wish to file a civil lawsuit in the US ranges from 3 years to decades, depending on your state’s laws as well as other factors surrounding the sexual abuse or assault. Before you file a suit against your alleged abuser, you should know how long you have to do so and which laws apply to your situation.

What Is Sexual Assault?

Sexual assault encompasses any non-consensual sexual act, such as rape, attempted rape, groping, incest, drug-facilitated sexual act, and stealthing. Anyone can be subjected to sexual assault, regardless of their gender, age, sexuality, marital status, and more. This gross violation of the survivor’s sexual and bodily autonomy not only inflicts physical and emotional pain, but also causes long-term consequences that may take months, years, or even decades to recover.

What Is a Statute of Limitations?

In civil lawsuits, a statute of limitations (SOL) sets a time limit on when the plaintiff can start legal proceedings. The time limit varies depending on the type of crime as well as which state the crime took place in. For survivors of sexual assault who wish to seek compensation through a sex assault lawsuit, the claim must be filed before the expiration of the statute of limitations.

In cases where the survivor was a child when the assault occurred, the statute of limitations may be “tolled” or extended, meaning the statute of limitations begins when the child becomes a legal adult. Because many adult survivors of childhood sexual abuse experience memory repression due to trauma, this legal time limit may prohibit them from seeking justice by the time the memories are recovered. To address this, multiple states, including New York, have recently passed legislation that extends the statute of limitations for child sex abuse lawsuits.

What Crimes Have No Statute of Limitations?

The statute of limitations varies by crime. Certain violent crimes, like murder, have no statute of limitations. Many states do not have statutes of limitations on crimes involving child sex abuse primarily because it can take years for survivors to come forward due to various barriers like trauma, stigma, or repressed memories.

Some states have no statutes of limitations for felony charges. On the federal level, the Eliminating Limits to Justice for Child Sex Abuse Victims Act removes the statute of limitations for survivors to file a child sex abuse lawsuit in federal court.

What Is the Difference Between a Civil and Criminal Case?

In a criminal case, the state brings a case against the defendant to determine if they are innocent or guilty of committing a particular crime. In a criminal sex abuse lawsuit, the survivor may appear as a witness during the prosecution but overall has no say in the trajectory of the case.

In a civil sex abuse lawsuit, the survivor initiates the claim to pursue compensation for the damages they endured due to sexual abuse. The purpose of a civil sex abuse lawsuit is to determine if the defendant is liable for the survivor’s damages (or the harm and losses they suffered). If the defendant is found liable, they may be ordered to pay survivors for their damages, including mental anguish, pain and suffering, medical expenses, legal fees, lost wages, and more.

Sexual Assault Statute of Limitations By State

Here is a list of sexual assault statutes of limitations by state.

Alabama Statute of Limitations

Two years for sexual abuse and no statute of limitations for child sexual abuse.

Alaska Statute of Limitations

Three years for sexual abuse and no time limit for felony sexual assault or felony sexual abuse of a minor.

Arizona Statute of Limitations

Survivors have two years or 12 years from the time they turn 18 years old to bring a claim against a perpetrator.

Arkansas Statute of Limitations

Sexual abuse survivors have three years in Arkansas; however, child sexual abuse survivors can file a civil sexual assault claim at any age until 2026.

California Statute of Limitations

No limit for child sexual assault survivors. The California Child Victims Act had established a three-year lookback window for all survivors of child sexual abuse which ended on December 31, 2022.

Colorado Statute of Limitations

Six years for child abuse survivors (a recent resolution to end the child sexual abuse statute of limitations failed in the Colorado senate).

Connecticut Statute of Limitations

No time limit for first-degree sexual assault or first-degree aggravated sexual assault. If a minor was assaulted before October 1, 2019, they have until their 48th birthday to file a claim. Those who were 18, 19, or 20 and were assaulted on or after October 1, 2019, have until the age of 51 to file a claim.

Delaware Statute of Limitations

No limit for sexual assault.

Florida Statute of Limitations

No time limit to file a lawsuit for sexual battery against survivors under the age of 16. If the victim was over 16 at the time of the abuse, they have eight years to file a civil lawsuit.

Georgia Statute of Limitations

The child sexual abuse survivor has until their 23rd birthday or two years from when they knew or had reason to know about the occurrence.

Exception: No limit if DNA evidence is used to establish charges of rape, aggravated sexual battery, aggravated sexual molestation, and aggravated sodomy. If the victim is 65 or older, the statute of limitations does not begin until the crime is reported to authorities.

Hawaii Statute of Limitations

For child sex abuse, eight years after their 18th birthday or three years after the date the minor discovered or had reason to discover they were sexually abused, whichever comes later.

Idaho Statute of Limitations

Five years from the date the child sex abuse survivor reaches the age of eighteen, or within five years of the time the child discovers or reasonably should have discovered the abuse.

Illinois Statute of Limitations

All personal injury action for childhood sexual abuse must start within 20 years of the date the limitation period or within 20 years of the date the person abused discovers or should have discovered the crime through the use of reasonable diligence. However, the state lifted the statute of limitations for cases that occurred on or after January 1, 2014.

Indiana Statute of Limitations

Two years to file a civil claim. For minors, claims must be filed within seven years of the incident or four years from when the survivor is no longer a dependent of the offender.

Iowa Statute of Limitations

Four years from the date of the discovery of child sexual abuse when the survivor discovered the abuse after reaching the age of majority.

Kansas Statute of Limitations

While the limitation period is two years for filing a civil sexual abuse lawsuit, Kansas has no limitation for a child sex abuse lawsuit.

Kentucky Statute of Limitations

10 years after the most recent act of abuse or the survivor’s discovery of abuse, or within 10 years after the child sex abuse survivor reaches the age of 18.

Louisiana Statute of Limitations

In 2021, Louisiana discarded its statute of limitations for child sex abuse lawsuits and opened a three-year lookback window for previously expired child sex abuse claims against perpetrators and private organizations.

Maine Statute of Limitations

No time limit for child sexual abuse lawsuits or for lawsuits filed against people of authority, such as a psychiatrist, teacher, employer or other official.

Maryland Statute of Limitations

A Maryland sexual assault survivor has 3 years to file a civil lawsuit against a perpetrator and an enabling third party. No limitation on civil lawsuits in child sexual abuse cases.

Massachusetts Statute of Limitations

All civil actions must be commenced within 35 years of the act or 7 years of the survivors’ reasonable discovery of the incident. A child survivor has 35 years after their 18th birthday to file a lawsuit.

Michigan Statute of Limitations

Survivors have 10 years to file a lawsuit to recover damages. This timeframe applies regardless of whether criminal charges were ever filed against the perpetrator.

Minnesota Statute of Limitations

An action for sexual abuse in Minnesota must start within six years. Minors can file at any time, depending on the claims they are bringing.

Mississippi Statute of Limitations

Survivors must file their claims within three years of sexual abuse. The Mississippi court has ruled that the discovery rule can apply where a survivor did not know or should not have reasonably known about the abuse.

Missouri Statute of Limitations

Survivors generally have five years to file a civil lawsuit. Minors who were abused have 10 years after their 21st birthday or three years after the discovery of abuse (whichever occurs later) to file.

Montana Statute of Limitations

Survivors will need to file their claims within three years to secure damages. Minors have up to three years after discovery of their sexual abuse to take action.

Exception: if DNA testing confirms the defendant’s identity after the expiration of the statute of limitations, the survivor will then have one year from the date of testing to press charges.

Nebraska Statute of Limitations

Nebraska sexual abuse survivors have four years to file a claim. For minors, the timeline to file may be delayed up to four years after reaching the age of 21.

Nevada Statute of Limitations

In a civil lawsuit, survivors have two years to pursue damages. Child sexual abuse survivors must do so within 10 years of their 18th birthday or 10 years of the date of discovery.

Exceptions: There is no time limit if DNA testing verifies the identity of the suspect.

New Hampshire Statute of Limitations

There is a three-year statute of limitations for sexual abuse survivors in New Hampshire. For minors, they must file by age 30 or three years after the date of discovery.

New Jersey Statute of Limitations

A sexual abuse survivor must file a lawsuit within two years. For child survivors, this statute of limitations starts to run when a reasonable person would have discovered the abuse.

Exception: If DNA testing confirms the defendant’s identity, the statute of limitations starts from the date when the state obtains the test results.

New Mexico Statute of Limitations

Survivors have three years to take action. Minors must do so by age 24 or three years from the date of discovery, whichever comes first.

New York Statute of Limitations

A ten-year statute of limitations applies for third-degree rape. Survivors of second-degree rape and sexual abuse have 20 years. For child sex abuse, the survivor has until the age of 55.

Exceptions: New York enacted the New York Adult Survivors Act, which opened a lookback window for adult survivors of sexual assault to file claims that otherwise would have been barred by the statute of limitations. The lookback window begins on November 24, 2022, and ends on November 23, 2023.

North Carolina Statute of Limitations

In North Carolina, a sexual abuse survivor must commence their civil action within three years.

North Dakota Statute of Limitations

Survivors must file their civil sexual abuse lawsuits within two years. Minors must file within 10 years of the reasonable date of discovery.

Ohio Statute of Limitations

A sexual abuse survivor has two years to make a civil claim, but child survivors have up to 12 years of their 18th birthday.

Oklahoma Statute of Limitations

There is a statute of limitations of two years to file. For child sexual abuse survivors, however, the statute of limitations is two years after their 18th birthday or five years after the defendant is released from custody, whichever happens later.

Oregon Statute of Limitations

Oregon allows two years to file for adult survivors. Those who were minors at the time can file a lawsuit up until the plaintiff turns 40 or within five years after they discovered the abuse, whichever occurs later.

Pennsylvania Statute of Limitations

The deadline to file is two years in Pennsylvania. For cases involving children, they have until the age of 55. Survivors who were between the ages of 18 and 23 have until their 30th birthday.

Rhode Island Statute of Limitations

Three years are allowed for sexual abuse survivors. For minors, they have seven years from the incident or from the date of discovery, whichever happens later.

South Carolina Statute of Limitations

South Carolina sexual abuse survivors have three years to take legal action. Child survivors must do so within six years of their 21st birthday or three years from the date of learning that sexual abuse occurred.

South Dakota Statute of Limitations

A sexual abuse survivor has three years to file a lawsuit. For minors, they have within three years of the date of the incident or discovery of it happening.

Tennessee Statute of Limitations

There is a one-year statute of limitations in Tennessee. For sex abuse involving minors, however, survivors have until their 21st birthday or within three years from the date of discovery.

Texas Statute of Limitations

Texas allows survivors of sexual abuse five years to file a civil action. Minors who were abused have up to 30 years from their 18th birthday.

Utah Statute of Limitations

In Utah, a sexual abuse survivor has four years to file a civil claim. For child sex abuse cases, there is no statute of limitations for claims filed against the perpetrator. For claims filed against a non-perpetrator, the survivor must do so before reaching 22 years old.

Exception: No time limit applies if DNA testing identifies the defendant in most sex crime cases.

Vermont Statute of Limitations

Sexual abuse survivors have three years to file, and for minors, within six years of the occurrence or discovery of the occurrence.

Virginia Statute of Limitations

For adult survivors, civil claims regarding sexual abuse must be filed within 10 years if the incident occurred on or after July 1, 2020. Otherwise, survivors have two years. For sexual abuse involving minors, the statute of limitations is within 20 years of the date of the incident.

Washington Statute of Limitations

Three years from the date of the sexual abuse or date of discovery. For sexual abuse of minors, the statute of limitations starts to run on their 18th birthday, and a claim must be filed within three years of the occurrence or of discovery of it.

West Virginia Statute of Limitations

Survivors of sexual abuse have two years to file their civil claims. Child survivors have to file within 18 years of reaching adulthood or within four years after the date of discovery.

Wisconsin Statute of Limitations

There is a two-year statute of limitations for adult assault and battery or three years for personal injury claims. Survivors who were minors at the time of the incident must file by the age of 35.

Wyoming Statute of Limitations

Four years is the deadline for sexual abuse survivors. For child sex abuse, survivors have until they turn 26 years old or within three years of the date of discovery.

We Believe You: Talk to a Sexual Assault Lawyer

Sexual assault and abuse leave lasting scars that may take a lifetime to heal, if ever. Survivors are left to grapple with the trauma of their experiences and the consequential impacts on their personal, social, and professional lives. By filing a civil action, a survivor can seek compensation that accounts for both their concrete financial losses (economic damages) and intangible injuries such as pain and suffering, emotional distress, and loss of enjoyment of life (non-economic damages).

All survivors of sexual assault and sexual abuse deserve justice regardless of when they choose to speak up about their abuse. For many survivors, it can be difficult to come to terms with what happened and report sexual assault crimes. The statute of limitations on filing a lawsuit varies by state, and some exceptions could extend this deadline.

To make your best case, however, it is recommended that you take action sooner rather than later if possible. Evidence can be lost with time, witnesses can be difficult to locate, and key information can be forgotten. We encourage you to speak with an experienced sexual abuse lawyer who can guide you through the process of filing a claim and help you do so before the applicable statute of limitations expires.