Michigan Statute of Limitations for Sexual Assault & Abuse

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Senate Bill 872 extends Michigan’s civil statute of limitations for sexual abuse cases to 10 years. Survivors of childhood sexual abuse have until age 28 (or 3 years from discovering the harm to file a claim). For criminal cases, survivors of 2nd and 3rd degree criminal sexual conduct now have up to 15 years or until their 28th birthday to pursue charges, whichever is later (see Senate Bill 871).

In Michigan, the statute of limitations establishes the legal deadlines for filing sexual abuse and assault claims, which are crucial for preserving evidence and ensuring a fair legal process. Understanding these time time limits are essential to filing a successful claim, as missing them can prevent survivors from seeking justice in court. Michigan law provides important extensions, especially for survivors of childhood sexual abuse, allowing additional time or delayed deadlines in certain cases. For questions about Michigan’s statute of limitations or a potential sexual abuse claim, call (800) 509-9747 or get help online from our legal team.

Kayla Onder, lead sexual abuse attorney at Kayla's Survivors

Civil Statute of Limitations for Sex Abuse

  • Under Michigan law, survivors generally have 10 years to file a civil lawsuit for damages related to criminal sexual conduct.
  • If the survivor was under 18 at the time of the abuse, the deadline is extended to 10 years after the offense or until the survivor turns 21, whichever is later.
  • Additional provisions allow survivors of childhood sexual abuse to file claims until age 28 or three years after discovering the harm, whichever is later.
  • Previously, the time limit was only three years, but recent legislation significantly expanded the window to support more survivors.
  • At present, there is no revival window in Michigan for expired claims, though new proposals may change this in the near future.

Criminal Statute of Limitations for Sex Abuse

  • First-degree CSC (sexual penetration with force or involving a minor under 13): no statute of limitations — prosecution can occur at any time.
  • Second–Fourth degree CSC: Charges must be filed within 10 years of the offense or by the victim’s 21st birthday, whichever is later.
  • Under a 2018 law, if the victim was under 18, the window extends to 15 years after the offense or until age 28, whichever is later.
  • Senate Bill 871 (signed in 2025) further extends the criminal statute of limitations for second- and third-degree CSC involving minors to 15 years or until the victim turns 28.
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Notable & Proposed Changes to Michigan’s Statute of Limitations

Justice for Survivors package (SB 257–261): Senate passed May 20, 2025.

  • Extends civil lawsuits to the longest of: 10 years after accrual, 7 years post-discovery, or until age 42.
  • Opens a 1-year revival window for expired claims.
  • Eliminates civil SOL when there’s been a criminal conviction.
  • Removes immunity for institutions with known abuse.

House Bill 4485: Signed Jan 27 2025. Extends criminal prosecution window for 2nd & 3rd degree CSC, acknowledging survivor delays.

Lame‑duck 2024 efforts: Survivors had until age 28 in civil, but had no revival opportunity—advocates pressed for broader reforms.


Additional Legal Considerations

  • Discovery Rule & Tolling: Michigan law allows the statute of limitations to be paused (or “tolled”) in certain situations, such as when a survivor only discovers the impact of the abuse years later or was a minor at the time.
  • No Civil Time Limit After Criminal Conviction: If a perpetrator is convicted of criminal sexual conduct, Michigan law removes the time limit for the survivor to file a related civil lawsuit.
  • Institutional Liability and Immunity: Proposed legislation aims to eliminate legal immunity for institutions—such as schools, churches, and medical facilities—that failed to prevent or report known abuse.
  • Retroactive Claims: As of now, Michigan does not allow expired sexual abuse claims to be revived, but proposed reforms seek to open a temporary “revival window” for survivors previously barred by time limits.

Navigating Michigan’s statute of limitations for sexual abuse cases can be complex. Survivors are encouraged to speak with an experienced Michigan attorney to better understand their rights and legal options. If you or a loved one has experienced sexual abuse or assault in Michigan, knowing the deadlines for filing a claim is essential to preserving your ability to seek justice. Take the next step by calling (800) 509-9747 or tell us about your case online. Our legal team is here to listen and provide support.

The sexual abuse lawyers at Kayla’s Survivors have helped recover over $1 billion for our clients, and have held countless abusers accountable for their actions and wrongdoing.