Understanding the Statute of Limitations for Sexual Abuse Survivors

Today we’re discussing an important legal concept as it relates to survivors of sexual abuse seeking justice, the statute of limitations. This is a critical legal concept for anyone seeking legal recourse in either criminal or civil court to understand. So let’s dive into what it means, the differences between civil and criminal court proceedings and what survivors of sexual abuse can do even if the statute of limitations has expired. The statute of limitations is a set of laws which establishes the maximum amount of time after a certain type of event occurs in which legal proceedings can be brought in either criminal or civil court. This time limit varies depending on the type of harm that happened and the jurisdiction where that harm happened. Proponents of the statute of limitations cite the need for judicial efficiency, reliable evidence, and preventing the indefinite threats of litigation. But we know that it often takes survivors of sexual abuse years to come forward and to even label the harm that happened to them.

That’s why survivors are advocating for the elimination of the statute of limitations for these types of offenses. In criminal cases, the statute of limitations set the time limit for the state to prosecute a certain type of offense. Once this period expires, the accused cannot be prosecuted for that specific offense. For civil cases, the statute of limitations determines the amount of time in which an individual can file a lawsuit seeking damages and other remedies against an individual or an institution. It’s important to note that the statute of limitations for criminal and civil cases can differ even for the same type of offense in the same jurisdiction. So what if you believe the statute of limitations has expired? First, it might not be fully clear if the statute of limitations has expired in your state. There might be new laws, or you might be misidentifying the law or the penal code related to the type of harm that you experienced.

So we definitely recommend checking out resources around the statute of limitations and contacting a local legal aid network or law enforcement to help you understand. To answer the question, should survivors still come forward if they believe the statute of limitations has expired, we believe the answer is yes. While the expiration of the statute of limitations may limit your ability to seek legal, recourse, reporting can still serve several important purposes. First, it can help identify serial perpetrators. It can also provide valuable information to ongoing investigations. And for many survivors that filing a report with law enforcement can help them feel empowered and that they did what they could within the bounds of an often broken criminal justice system. Furthermore, laws and policies can change. For example, the New York Adult Survivors Act was a recent law that opened a one year window for survivors of sexual abuse to file civil lawsuits against perpetrators. Regardless of the statute of limitations,

This resulted in hundreds of survivors filing suit and many more seeking settlements outside of the public record for the harm that happened to them. In conclusion, while the statute of limitations is an important legal concept for survivors to understand, we believe it should not deter them in coming forward. It’s essential to stay updated about the local laws in your jurisdiction, which may impact you or other survivors. If you have questions about your personal experience, you can reach out to Helping Survivors and we’ll do our best to assist.