Helping Survivors
New Mexico Sexual Abuse Statute of Limitations
If you have suffered from sexual abuse in New Mexico, you are not alone. Whether the abuse occurred in childhood or adulthood, it’s crucial to understand your rights and the deadlines for taking legal action so you can make informed decisions on moving forward at your own pace. At Helping Survivors, we’re dedicated to providing survivors of sexual abuse and assault in New Mexico with up-to-date information about the statutes of limitations for taking legal action. This guide can help you explore your options without any pressure or judgment.
Understanding the Statute of Limitations for Sexual Abuse in New Mexico
Statutes of limitations impose the legal deadline for filing a lawsuit or criminal charges. These deadlines vary based on when the abuse occurred, how old the victim was at the time, and whether the survivor is pursuing criminal or civil action. Many states, including New Mexico, give survivors years to file lawsuits or report sexual abuse.
Civil vs. Criminal Action: What’s the Difference?
As an abuse survivor, understanding your two main legal paths to justice can help you feel more in control of your decision. To pursue criminal charges, survivors can report the abuse to law enforcement. Prosecutors will then determine whether to file charges. You may also be eligible to file a civil lawsuit against the perpetrator and any parties or institutions that enabled the abuse.
You don’t have to choose one or the other. Some survivors choose both, while others choose neither, focusing solely on healing. After experiencing sexual abuse, it is up to survivors to choose the path that best suits their needs.
The basics of each option are as follows:
Civil Lawsuits
- The survivor chooses to file.
- A lawsuit can lead to financial compensation.
- Civil suits have a lower burden of proof.
- The survivor has more control over the process.
Criminal Charges
- State prosecutors file charges against the perpetrator.
- Charges can result in jail, probation, fines, and listing in an offender registry.
- Criminal cases have a higher burden of proof.
- Survivors have less control over the process.
Civil Lawsuit for Sexual Abuse
Civil cases allow survivors to seek financial compensation for the emotional, psychological, or physical harm caused by abuse. In New Mexico, survivors may be able to file a civil claim several years after the abuse, especially if they were minors at the time the abuse occurred.
Childhood Sexual Abuse Civil Lawsuits
Even if the abuse happened long ago in childhood, survivors of child sexual abuse may still have time to take legal action if they’re only now connecting the trauma to their experience.
Under New Mexico law, childhood sexual abuse can include criminal sexual penetration of a minor, criminal sexual contact of a minor, or child sexual exploitation.
New Mexico Statute 37-1-30 allows child sexual abuse lawsuits to be filed any time before the victim’s 24th birthday or within three years of the date the victim first disclosed the abuse to a health care provider, whichever is later.
Adult Sexual Abuse or Harassment Civil Lawsuits
New Mexico law dictates that survivors who were 18 or older at the time of the abuse generally have three years from the date of the incident to file a civil sexual assault lawsuit.
Criminal Charges for Sexual Abuse
After a victim reports abuse to law enforcement, the government may bring criminal charges. Prosecutors weigh the evidence and ultimately decide whether there is enough evidence to support a charge. Survivors themselves are not responsible for prosecuting their abuser, but they can play a vital role by triggering an investigation with a report and providing key evidence.
Childhood Sexual Abuse Criminal Charges
In New Mexico, the most serious crimes involving child sexual abuse have no statute of limitations. Therefore, prosecutors can file criminal charges for a first-degree felony at any time.
For lesser crimes of child abuse, sexual exploitation of children, criminal sexual contact of a minor, and criminal sexual penetration, the statutes of limitations are as follows:
- Second-degree felonies: Six years from the date of the offense
- Third- and fourth-degree felonies: Five years from the date of the offense
There are some exceptions to these deadlines. For these crimes, if the victim was under 18 at the time of the offense, the statute of limitations does not begin to run until the victim turns 18 or the violation is reported to a law enforcement agency, whichever occurs first.
In cases of criminal sexual penetration, if DNA evidence is available and a suspect has not been identified, the time to file charges doesn’t begin to run until the DNA profile is matched with a suspect.
Adult Sexual Abuse Criminal Charges
In New Mexico, there is no statute of limitations for the most severe charges in adult sexual assault cases, like aggravated criminal sexual penetration. Second-degree felony charges must be filed within six years, and lesser offenses have shorter timeframes. If you are unsure whether the statute of limitations has passed, the best first step is to talk to someone trained to help.
Reporting Sexual Abuse in New Mexico Resources to Help
Taking the step to report sexual abuse is a deeply personal choice. Some survivors choose to report their abuse to law enforcement, especially if it happened recently or involves a minor. Others decide not to, and that’s okay, too. If you are considering reporting or need support after experiencing abuse, the following resources may be able to help:
- New Mexico Coalition of Sexual Assault Programs:The NMCSAP is a network of local crisis centers offering free, confidential support to survivors.
- RAINN, or Rape, Abuse & Incest National Network: RAINN offers a sexual assault hotline and online chat feature for survivors to receive support. Call the hotline at 1-800-656-HOPE (4673).
- Children, Youth & Families Department of the State of New Mexico: The CYFD offers a confidential hotline for reporting child abuse and neglect and operates a text message support service for victims. Call the hotline at 1-855-333-SAFE or #SAFE from a cell phone, and a support text service is also available 24/7/365 at 505-591-9444.
Are You A Sexual Assault Survivor Wondering if it’s Too Late to Seek Justice?
Trauma affects everyone differently. Many survivors don’t realize what has happened to them until years later, especially if the abuse occurred in childhood. For this reason, New Mexico law allows survivors more time to come forward. If you are wondering whether you’ve waited too long to act, you may still have options for legal aid and support in your recovery.
Contacting a survivor advocacy group, rape crisis center, or legal aid organization in your area is a courageous first step. Some of New Mexico’s local resources include the following:
Albuquerque, NM
- Rape Crisis Center of Central New Mexico
- Phone: (505) 266-7711 (24/7 hotline)
- Website: rapecrisiscnm.org
- Services: Provides emotional support, advocacy, counseling, and community education to survivors of sexual assault and abuse throughout Central New Mexico.
Farmington, NM
- Sexual Assault Services of Northwest New Mexico
- Address: 622 West Maple Street, Suite H, Farmington, NM 87401
- Phone: (505) 325-2805
- Hotline: (866) 908-4700 (24/7)
- Website: sasnwnm.org
- Services: Provides Sexual Assault Nurse Exams, rape crisis advocacy, therapy services, and community education programs in San Juan, Rio Arriba, and McKinley Counties.
Portales and Clovis, NM
- Arise Sexual Assault Services
- Portales Office Phone: (575) 468-1010
- 24/7 Hotline: (575) 226-7263
- Website: arisenm.org
- Services: Offers 24/7 crisis hotline, counseling, advocacy, support groups, and Sexual Assault Nurse Examinations (SANE) for survivors in Eastern New Mexico, including Roosevelt and Curry Counties.
Online Support Resources
For online national resources, the Rape, Abuse & Incest National Network (RAINN) provides 24/7 crisis support through their National Sexual Assault Hotline: 1-800-656-HOPE (4673).
You Deserve Support Whenever You’re Ready
No matter when the harm occurred, you are not alone. Healing takes time, and every survivor’s journey is different. There’s no wrong way to seek support, and no single timeline fits all. If you are considering seeking justice, a good first step is exploring your local resources, speaking with someone you trust, or reaching out to a support organization.
If you’re wondering whether it’s too late to take action or simply need someone to talk to, Helping Survivors is here. You don’t have to navigate this alone. Our resources are free, confidential, and designed to empower you wherever you are in your journey. If you decide to take legal action, we can connect you with an experienced sexual abuse law firm to further explore your options.
Get legal help today.
