Can I Sue if the Sexual Abuse Occurred Years Ago?

If you are considering legal action for sexual abuse that occurred years ago, understanding the statute of limitations in your state is crucial. The statute of limitations sets the time limit for filing lawsuits.

Recent legislation in several states we serve has extended how long you have to start a lawsuit for sexual abuse. To know for sure if you can still sue for sexual abuse that occurred years ago, you will need to speak to our New York sexual abuse lawyers.

Here are the deadlines you need to know for the states that we serve. We will refer to the statute of limitations for civil cases only.

Why Is There a Deadline at All?

The statute of limitations plays a crucial role in the legal system by setting a deadline for filing lawsuits and other legal actions. Over time, evidence can degrade or become lost, and memories can fade. This degradation can make it difficult to defend or prove an old claim.

Statutes of limitations provide certainty and stability by ensuring that legal claims are made within a reasonably predictable time frame. This helps individuals and businesses plan and manage their affairs without the indefinite threat of legal action.

In response to specific societal concerns, such as the difficulty victims of sexual abuse may face in coming forward, some jurisdictions have enacted laws that extend or suspend the statute of limitations for these types of cases. 

New York Sexual Abuse Statute of Limitations

Under the New York Child Victims Act, the statute of limitations for filing a child sexual abuse lawsuit has been extended. It used to be for one to five years after a minor turned 18. The length depended on the crime.

Child victims can now file civil lawsuits against their abusers and institutions that enabled the abuse until they reach the age of 55, but only if their cases were still within the old statute of limitations in 2019 when the act was passed.

There was a “look-back” period for children who were abused and let their cases go beyond the statute of limitations, but that window was closed in 2021. The act also gives adult victims a seven-year window to start their cases.

New Jersey Sexual Abuse Statute of Limitations

New Jersey has very similar laws to New York for sexual abuse civil claims. In 2019, the state passed legislation to give a longer window to sue and opened a two-year look-back window for expired cases. That window closed in 2021.

New Jersey residents have seven years to pursue civil action against their abusers. Child victims have until age 55 or seven years after the discovery of the harm, whichever is later. Thus, in New Jersey, it may be possible for someone over 55 to sue.

Like New York, the look-back window is closed. If your case has already breached the deadline, you cannot sue. However, if your abuse happened in 2019 or later, you have much larger windows.

Pennsylvania Sexual Abuse Statute of Limitations

Current Pennsylvania law has smaller windows for filing lawsuits, which means you’ll need to act quickly to sue if your sexual abuse occurred years ago. If you’re an adult victim, you have until two years after the last act of abuse to sue.

Child victims have a larger window. They have 12 years after their 18th birthday to file civil charges. Therefore, the absolute deadline to sue is your 30th birthday if you’re a victim of child sexual abuse.

There have been legislative efforts to create a look-back window similar to New Jersey and New York, but that has not passed. If it does, you should speak with a sexual abuse attorney as soon as you can to take advantage of it.

Illinois Sexual Abuse Statute of Limitations

If you were abused as a child, and if your case would not have been time-barred under the previous laws before 2014, then there is no statute of limitations for you. You have an unlimited amount of time to sue your abuser. Speak with a lawyer to make sure this applies to you.

For adults, the window is much shorter. You have two years from the date of the incident. However, if the act committed against you was a Class X felony, the statute of limitations is lifted. This includes aggravated criminal sexual assault and predatory criminal sexual assault.

Missouri Sexual Abuse Statute of Limitations

For Missourians, adult victims have five years from the date of the incident to file a sexual abuse claim. Child victims have until the age of 31 or within three years of the discovery of the harm, whichever happens later.

What Happens if I Sue After the Statute Is Expired?

If the defendant or their lawyer discovers that your abuse happened too far in the past, they can ask the court to dismiss your case because of this. The court will have no choice but to agree if they can prove it. You will not be able to sue in the future, and you will receive no compensation.

Usually, a victim will consult with a sexual abuse lawyer first and learn whether or not their case is still eligible to be heard before the court.

What This Means for You

If you are a victim of sexual abuse that occurred years ago, you may have an opportunity to sue. It will depend on whether the abuse happened to you when you were a child or an adult and when the abuse occurred.

Each state has unique laws about this, and recent legislative changes can make it hard to know if you can still sue. For personalized advice, please consult a licensed attorney in your state. If you live in any of the states mentioned above, contact Morelli Law to speak with one.