As far as possible to sue the culprit can be expanded or "tolled" in a few occasions if the casualty is considered "legitimately crippled," i.e. a minor at the season of the affirmed sexual manhandle. The law perceives the one of a kind sort of these sorts of wounds, including the injury that may take after the tyke into adulthood. In those states which perceive an interruption or tolling of the statute, the clock doesn't begin running until the point when the minor achieves a particular age, ordinarily 18 years of age.
Here is a review of rape common statutes of restrictions by state, including the code, fundamental time breaking points to record, and any tolling arrangements for youngster sex mishandle.
| State |
Sexual Assault/Rape Statute of Limitations |
Time Limit |
Tolling/Extension in Child Sex Abuse Case |
| Alabama |
Ala. Code § 6-2-38 |
Two years from date of incident |
No special extension |
| Alaska |
Alaska Stat. § 09-10-065 |
Three years from the date of incident for:
|
Yes, action may be brought at any time for violations of the following offenses:
|
| Arizona |
A.R.S. § 12- 542(1) |
Two years from the date of incident in most cases |
Yes, possible extension of time limit for children, See A.R.S. § 12- 502 |
| Arkansas |
Ark. Code § 16-56-130(a) |
Three years from date of incident |
Yes, extended to three years from the moment of discovery if person was under 18 years of age at time of sexual abuse. |
| California |
Ca. Civ. Proc. Code § 335.1 |
Within two years from the date of the incident |
Yes, see Ca. Civ. Proc. Code § 340.1.
Must be filed within eight years after the date the person attains the
age of majority; or within three years after the date the person
discovers the causal connection of the injury, whichever period expires
later |
| Colorado |
Colo. Rev. Stat. § §13-80-102 (a) |
Two years from the date of incident |
Yes, Colo. Rev. Stat. § 13-80-103.7, Can be filed within six years of reaching the age of majority or six years of the removal of a ‘disability’ |
| Connecticut |
Conn. Gen. Stat. § 52-577e |
No time limit for cases of Sexual Assault 1 or Aggravated Sexual Assault 1 |
Yes, Conn. Gen. Stat. § 52-577d. For
Sexual Abuse, Exploitation or Assault to a minor, No later than 30
years from the date the person attains the age of majority |
| Delaware |
Del. Code tit. 10, § 8119 |
Within two years from the date of incident |
Yes, Del. Code tit. 10 § 8145. No time limit for child sex abuse claims. |
| District of Columbia |
D.C. Code § 12-301(11) |
Three years from when the victim knew or should have known of the sexual abuse/assault |
Yes, within seven years of the minor’s 18th birthday or within three years of when the victim knew or should have known, whichever comes first |
| Florida |
Fla. Stat. § 95.11(7), (9) |
Within seven years after the age of majority, within four years
after the person leaves the dependency of the abuser, or within four
years from the time of discovery, whichever occurs later |
Yes, no time limit for Sexual Battery Offenses on Victims under age 16 |
| Georgia |
O.C.G.A. § 9-3- 33.1(b) |
Two years from the date of incident |
Yes, within five years of the date the person attains the age of
majority. If victim is 65 years of age of older, time limit doesn’t
begin to run until the violation is reported to or discovered by a law
enforcement agency, prosecuting attorney, or other governmental agency,
whichever occurs earlier. |
| Hawaii |
HRS § 657-7, § 657-13 |
Within two years of the date of the incident |
Yes, the statute is “tolled” if victim was a minor at the time of the incident. |
| Idaho |
Idaho Code § 6-1704(1) |
Two years from date of incident |
Yes, suit may be brought within five years of the victim reaching the age of majority |
| Illinois |
Ill. Rev. Stat. ch. 735, § 13--202, § 13—202.2(b) |
Typically two years from the date of incident, otherwise no
statute of limitations if civil suit is based upon Class X felony
(aggravated criminal sexual assault, predatory criminal sexual assault)
or Class 1 felony (criminal sexual assault) |
Actions for damages based on childhood sexual abuse may be commenced at any time |
| Indiana |
Ind. Code § 34-11-2-4(1) |
Within two years of the date of the incident |
Yes, case stemming from childhood sex abuse must be brought
within seven years from the date of incident or within four years from
when the minor is no longer a dependant of the person alleged
perpetrator. |
| Iowa |
Iowa Code §669.13, §614.8A |
Two years from the date of the incident |
Yes, within four years of the date of discovery. Sexual abuse or
sexual exploitation by a counselor, therapist or school employee must be
brought within five years of the date the person was last treated by
the counselor or therapist; or within five years of the date the victim
was last enrolled or attended the school |
| Kansas |
Kan. Stat. § 60-523 |
Typically two years from the date of incident |
Yes, victims of child sex abuse have three years from the age of
18, or three years from the date the victim realizes they have suffered
an injury or illness caused by sexual abuse |
| Kentucky |
Ky. Rev. Stat. § 413.249, §413.140(1)(a) |
Within one year of the date of incident |
Yes, within five years of the commission of the act or the last
of a series of acts by the same perpetrator; · Within 5 years of the
date of discovery; or within 5 years after the victim attains the age of
18 years |
| Louisiana |
Louisiana Revised Statute 9:2800.9(A), Civ. Code §3492 |
One year from date of incident |
Yes, 10 years from the day the minor reaches age 18
and shall be suspended for all purposes until the minor reaches age of
majority |
| Maine |
Me. Rev. Stat. Ann. tit. 14, § 752-C, Maine Civil Statute of Limitations |
Typically two years from the date of incident |
Lawsuits for sex acts against minors can be brought at any time |
| Maryland |
Md. Cts. and Jud. Proc. § 5-117, Maryland Civil Statute of Limitations |
Three years from the date of incident |
Yes, within seven years of the date the victim attains the age of majority |
| Massachusetts |
General Laws of Massachusetts Part III, Title V, 260-4C, Massachusetts Civil Statute of Limitations |
Three years from date of incident |
Yes, must bring lawsuit within 35 years of the acts alleged to
have caused an injury or condition or within 7 years of the time the
victim discovered or reasonably should have discovered that an emotional
or psychological injury or condition was caused by said act, whichever
is later. The statute is tolled until the minor turns 18 years old,
however |
| Michigan |
MCL 600.5805 |
Two years from the date of incident |
No special tolling provision for minors |
| Minnesota |
Minn. Stat. § 541.073 |
Within six years of the time the victim knew or had reason to know that the injury was caused by sexual abuse |
Yes, if the victim is a minor, the six year limitations begins to
run one year after the plaintiff reaches 18 and would terminate at age
25 |
| Mississippi |
Miss. Code Ann. §15-1-49, § 15-1-59 |
Within three years from the date of incident |
Yes, within three years of attaining the age of majority |
| Missouri |
Mo. Rev. Stat. § 537.046, Missouri Civil Statute of Limitations |
Within five years from the date of incident |
Yes, childhood sexual abuse that occurred when the person was
under 18 years of age, must bring lawsuit within 10 years of the person
attaining the age of 21; or within three years of the date of discovery,
whichever occurs later |
| Montana |
Mont. Code § 27-2-216(a), Montana Civil Statute of Limitations |
Three years from date of incident |
Yes, must file not later than three years after the act of
childhood sexual abuse; or not later than three years after the person
discovers the causal connection of the injury |
| Nebraska |
Neb. Rev. Stat. § 25-208 |
Within four years of the date of incident |
Yes, victims of child sex abuse can file within four years of reaching age 21 years old. |
| Nevada |
Nev. Rev. Stat. Ann. § 11.215, Nevada Civil Statute of Limitations |
Two years from the date of the incident |
Yes, child sex abuse actions must be commenced
within 10 years after the person either reaches 18 years of age or
discovers the causal connection of the injury |
| New Hampshire |
N.H. Rev. Stat. § 508:4-9, New Hampshire Civil Statute of Limitations |
Three years from date of incident |
Yes, either within 12 years of the person’s 18th birthday; or 3 years of the time of discovery |
| New Jersey |
N.J. Stat. § 2A:61B-1, New Jersey Civil Statute of Limitations |
Within two years of date of incident |
Within two years of the date of “reasonable discovery” |
| New Mexico |
N.M. Code § 37-1-30 |
Three years from date of incident |
Yes, lawsuit must be brought either by the first instant of the
person’s 24th birthday; or three years from the discovery, whichever
comes first |
| New York |
New York Civil Practice Law and Rules 213-c |
Generally within five years of date of incident |
Statute provides that actions for civil damages for defined
sexual crimes, including sexual abuse of a minor, may be brought within
five years of the acts constituting the sexual offense |
| North Carolina |
N.C. Gen. Stat. § 14-32.3 |
Within three years of date of incident |
Yes, longer statute based upon minor’s “incapacity” see §1-17(a) |
| North Dakota |
N.D. Cent. Code § 28-01-25.1 |
Within two years of date of incident |
Within 10 years of when the victim knew or reasonably should have
known that a potential claim exists resulting from alleged childhood
sexual abuse |
| Ohio |
ORC Ann. § 2305.111(c) |
Within two years of date of incident |
Yes, 12 years from the date of the minor’s 18th birthday |
| Oklahoma |
Okla. Stat. tit. 12, § 95 |
Two years from the date of incident or from discovery of incident |
Yes, tolled until minor reaches 18 years old or until 5 years
after the perpetrator is released from the custody of a state, federal
or local correctional facility or jail, whichever is later |
| Oregon |
ORS § 124.005 |
Typically two years from the date of incident |
Yes, lawsuit must be brought before the person attains 40 years
of age; or not more than 5 years from the date the person discovers the
causal connection between the child abuse and the injury, whichever
period is longer |
| Pennsylvania |
Pennsylvania Code 42 Pa. CSA 5533(b)(2), Pennsylvania Civil Statute of Limitations |
Two years from the date of incident |
Yes, 12 years from the date of a victim reaches the age of majority |
| Rhode Island |
R.I. Gen. Laws § 9- 1-51 |
Three years from the date of incident |
Yes, within seven years of the alleged act; or within seven years of the time of discovery |
| South Carolina |
S.C. Code Ann. § 15-3-555 |
Three years from date of incident |
Within six years after the person reaches 21 years old or three
years from the time the victim realizes that their injuries are caused
by child sexual abuse |
| South Dakota |
S.D. Codified Laws § 26-10-25, South Carolina Civil Statute of Limitations |
Within three years of date of incident |
Yes, within three years of the alleged act; or three years of the time of discovery |
| Tennessee |
Tenn. Code Ann. § 28-3-104, 28-1-106 |
Within one year of date of incident |
Statute is tolled until minor turns 18 years old, but must be brought within one year of that date |
| Texas |
Civil Practice and Remedies Code Title 2B |
Typically two to five years, but see statute to learn more |
Yes, statute of limitations does not begin to run until 18th birthday of victim |
| Utah |
Utah Code Ann. § 78B-2-308, Utah Civil Statute of Limitations |
Four years from date of incident |
Yes, victim of child sex abuse may file action at any time |
| Vermont |
Vt. Stat. Ann. tit. 12, § 522, Vermont Civil Statute of Limitations |
Typically three years from the date of incident |
Yes, if result of childhood sexual abuse must be brought within six years of the act, or six years of the time of discovery |
| Virginia |
Va. Code Ann. § 8.01-243 |
Two years from the date of incident |
Yes, the statute of limitations is tolled until minor turns 18 years old. Then it is two years from the date of incident |
| Washington |
Wash. Rev. Code § 4.16.340 |
Three years from the date of incident or time of discovery |
Yes, statute of limitations is tolled until minor becomes 18
years old and then it becomes within three years of the alleged act;
within three years of the time discovery that injury was caused by said
act; or within three years of the time of discovery that the act caused
the injury for which the claim is brought |
| West Virginia |
W.Va. Code § 55-2-15 |
Two years from the date of the incident |
Yes, two years from the date of the minor turning 18 years old |
| Wisconsin |
Wis. Stat. § 893.587, Wisconsin Civil Statute of Limitations |
Filed within two years of the date of the incident |
Yes, must be filed before the victim’s 35th birthday |
| Wyoming |
Wyo. Stat. § 1-3-105 |
Four years from the date of the incident |
Yes, eight years after victims 18th birthday or three years after the time of discovery |
Note: State laws are always subject to change, usually through the enactment of new legislation but also through court decisions and other means. Contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
Next Steps: Free Case Review from a Local Attorney
Each state has its own deadline for filing a sexual assault or child sex abuse claim in civil court. Sometimes, these laws can get complicated and confusing. If you're thinking of filing a civil lawsuit, you likely have questions. Contact an attorney in your state who has experience with sexual assault and abuse cases and can advise you on deadlines, and represent you in court. Start now with a free case review at no obligation.
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