Is There a Time Limit for Filing a Sexual Abuse Lawsuit?

When survivors of sexual abuse consider seeking justice and compensation for their trauma, one of the most critical legal questions they face is whether they have waited too long to file. There is a time limit for starting a lawsuit.

Known as the statute of limitations, these time limits vary significantly across jurisdictions and can be particularly complex in cases of sexual abuse. Understanding these limitations is crucial for survivors.

If you are unsure whether your case is still within the time limits, speak to our New York sexual abuse lawyers. The limits have been changed many times over the past few years.

Statute of Limitations for Sexual Abuse Claims in New York

New York has made notable strides in extending the time frame for survivors of sexual abuse to file lawsuits. The passage of the Child Victims Act (CVA) in 2019 marked a significant shift, temporarily lifting the statute of limitations for childhood sexual abuse victims to file claims against their abusers, regardless of how much time had passed. 

Although the initial look-back window under the CVA has closed, the legislation permanently extended the time limits for filing criminal charges and civil lawsuits for certain sexual offenses against minors.

For adult survivors of sexual abuse, recent legislation has expanded survivors’ rights, providing more time to seek justice against perpetrators and, in some instances, against institutions that may have negligently allowed the abuse to occur.

Statute of Limitations for Sexual Abuse Claims in New Jersey

New Jersey has also taken significant steps to support survivors of sexual abuse through legislative changes to its statute of limitations. The New Jersey Child Sexual Abuse Act, enacted in 2019, dramatically expanded the rights of survivors by extending the time limit for filing a sexual abuse claim.

Similar to New York, victims of childhood sexual abuse in New Jersey can file a lawsuit up until they reach the age of 55 or within seven years of realizing the abuse caused them harm, whichever is later. 

Why does the Statute of Limitations Exist at All?

At its core, the statute of limitations keeps cases fair and efficient. Over time, evidence can deteriorate, memories can fade, and witnesses can become unavailable. This can impact the ability to reach a just conclusion in a case.

For defendants, the statute of limitations protects them from the threat of litigation hanging over them for too long. However, as the laws above show, sexual abuse is such a heinous and damaging act that these states believe victims should have quite a while to file their cases.

Yet even with these extended deadlines, it’s better to start your claim as soon as you can after the incident, so that crucial evidence in your sexual assault claim will not disappear or alter. Poor evidence will make it harder to win.

What Happens if I Go Beyond the Time Limit?

If you file a claim after the statute of limitations has expired, the defense can ask the court to dismiss your case. If the court agrees you took too long to file, then your case will be immediately dismissed with prejudice, which means you cannot make the same claim again.

However, there are some situations where the limit could be paused (or “tolled”) for various reasons. A state could also lift the statute for a limited time, as happened when New York and New Jersey passed their child sex abuse laws.

How to Proceed With Your Sexual Assault Claim

For both New York and New Jersey, these changes represent a profound acknowledgment of the enduring impact of sexual abuse and the complexities involved in coming forward. However, navigating the legal landscape to sue their abusers can still be daunting for survivors

Survivors contemplating legal action should consider the following steps:

• Consult with an attorney as soon as possible to understand the specific time limits that may apply to your case. Legal professionals can offer crucial insights into the nuances of state laws and how they apply to your situation.
• Gather documentation and evidence that might support your claim, including any medical records, communications with the abuser, or any other documents that relate to the abuse and its impact on your life.
• Consider your emotional readiness to proceed with a legal case. These cases can be quite hard on plaintiffs since they may have to remember the details of their trauma to prove their case.

Moving Forward with Morelli Law Firm

At Morelli Law Firm, we understand the courage it takes for survivors of sexual abuse to step forward and seek justice. Our team of compassionate and knowledgeable lawyers is here to guide you through the legal process, whether in New York or New Jersey. 

We are committed to providing survivors with the support, respect, and expertise they deserve. We help them navigate the complexities of the statute of limitations and work tirelessly to achieve the best possible outcome for their cases.

If you or a loved one is a survivor of sexual abuse, we encourage you to reach out for a confidential consultation before you reach the time limit for filing a sexual abuse claim.