How Long After Being Molested Can You Press Charges?

One of the most difficult questions survivors of childhood sexual abuse face is how long after being molested can you press charges. It’s important to remember that the victim of a crime does not press criminal charges. A state prosecutor does this after reviewing available information and applicable laws. However, the time limit depends on the laws in your state, your age at the time of the abuse, and sometimes even when the abuse is discovered. Molestation is a legal term most often used to describe sexual abuse of minors. It can include inappropriate touching or fondling, exposure, child pornography, incest, sex trafficking, or other sexual acts committed against children. Because minors cannot legally consent to sexual activity, any form of molestation is a crime.

The time limit for pressing charges is set by something called the statute of limitations. This deadline applies to both criminal cases which can send an abuser to prison and civil cases which allows survivors to seek compensation from their abusers or institutions that enabled the abuse. Every state sets its own rules and they vary widely. In many states, the statute of limitations is eliminated altogether when it comes to childhood sexual abuse. This means survivors can press criminal charges at any time. And in some states, the rules depend on whether the abuse is charged as a felony or a misdemeanor.

Most survivors don’t disclose what happened until much later in life. Sometimes not until their 40s or 50s or much older. That’s why some states use what’s called a discovery rule. Meaning the clock doesn’t start until the survivor is 18 or until the abuse is recognized or remembered. In cases where memories are repressed or only come to light through therapy in adulthood, this rule can give survivors more time to seek justice. Other circumstances can extend the statute of limitations, too. For example, if DNA evidence was collected and preserved, some states allow prosecutors to bring charges no matter how many years have passed. And in civil court, even if the criminal statute of limitations has expired, survivors may still be able to sue their abuser or organizations that allow the abuse to happen, such as schools, religious institutions, or youth organizations.

Some states have even passed special revival laws, also called window law, which reopen expired cases for a limited time, so survivors can file claims. The most important thing to remember is this. Even if you think too much time has passed, you may still have options. If you need additional support or information on locating help in your area, contact the National Sexual Abuse Hotline. Trained operators can listen to your story and guide you in the next steps in your journey to healing.