Statute of Limitations For Sexual Abuse, Assault & Rape

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For sexual abuse and sexual assault claims, the statute of limitations can vary widely depending on:

  • The type of case (criminal vs. civil)
  • The age of the victim (minor or adult)
  • The jurisdiction (each U.S. state has different rules)
  • Whether any exceptions apply (like delayed discovery or trauma-related repressed memory)

Alabama

The statutes of limitations for sexual assault in Alabama are as follows:

  • Civil: Before the survivor reaches age 35 if the survivor was a child/minor when the incident occurred or within 3 years of the date of the incident for adult survivors.
  • Criminal: 1 year starting from the date of the offense. However, there is no time limit if the sexual assault involves a minor under the age of 16.

The statutes of limitations for sexual abuse in Alabama are as follows:

  • Civil: Adults have 5 years starting from the date of the offense. There is not time limit for minors to file a sexual abuse claim.
  • Criminal: 3 years for felony and misdemeanor sexual abuse.

In Alabama, there are no civil or criminal statute of limitations for rape .

For more information, see Ala. Code §§ 15-3-1, 15-3-2, and 15-3-5.

Arkansas

The statutes of limitations for sexual assault in Arkansas are as follows:

  • Civil: 3 years from date of incident or date of discovery in the case of a minor.
  • Criminal: None for first-degree sex crimes or if the victim is a minor. For second and third-degree offenses, 3 years starting on the date of the incident.

The statutes of limitations for sexual abuse in Arkansas are as follows:

  • Civil: 3 years from date of incident or from the date of discovery in the case of a minor. Survivors of childhood sex abuse can only file a claim until they are 21 years old in Arkansas.
  • Criminal: No statute of limitations for sex crimes.

The statutes of limitations for rape in Arkansas are as follows:

  • Civil: Adults have 15 years from the date of the offense. There is no statute of limitations for minors. Additionally, the availability of DNA evidence eliminates the statute of limitations.
  • Criminal: 6 years from the date of the offense, or if the victim is a minor, none

For more information, see Ark. Code § 5-1-109.

California

The statutes of limitations for sexual assault in California are as follows:

  • Civil: None for CSA claims arising on or after January 1, 2024. For incidents occurring before January 1, 2024, survivors can file a claim until they reach 40 years of age or within 5 years of discovering that a psychological injury or illness was caused by the abuse, whichever is later.
  • Criminal: There is no criminal statute of limitations for felony sex crimes.

The statutes of limitations for sexual abuse in California are as follows:

  • Civil: None for CSA claims arising on or after January 1, 2024. For incidents occurring before January 1, 2024, survivors can file a claim until they reach 40 years of age or within 5 years of discovering that a psychological injury or illness was caused by the abuse, whichever is later.
  • Criminal: No statute of limitations for felony sex crimes.

The statutes of limitations for rape in California are as follows:

  • Civil: None for claims arising on or after January 1, 2024. If the rape occurred before then, survivors can file a claim until they reach 40 years of age or within 5 years of discovering that a psychological injury or illness was caused by the rape incident, whichever is later.
  • Criminal: None

The California Child Victims Act “look-back” window has closed as of December 31, 2022. For more information, see the California statute of limitations and Cal. Penal Code §§ 799, 800, 801, 803.

Colorado

The statutes of limitations for sexual assault in Colorado are as follows:

  • Civil: 6 years from the date of the incident or within 6 years after the minor under the age of 18 reaches the age of majority, whichever occurs later.
  • Criminal: None if the survivor was a child under the age of 18.

The statutes of limitations for sexual abuse in Colorado are as follows:

  • Civil: Within 6 years from the date of the incident or within 6 years after the minor under the age of 18 reaches the age of majority, whichever occurs later.
  • Criminal: None if the survivor was a child under the age of 18.

The statutes of limitations for rape in Colorado are as follows:

  • Civil: Within 6 years from the date of the incident or within 6 years after the minor under the age of 18 reaches the age of majority, whichever occurs later.
  • Criminal: None if the survivor is was a child under the age of 18.

Colorado passed Senate Bill 73, which removes the statute of limitations for civil claims filed by survivors of sexual abuse and other types of sexual misconduct beginning January 1, 2022. For more information, see Colo. Rev. Stat. § 16-5-401.

Connecticut

The statutes of limitations for sexual assault in Connecticut are as follows:

  • Civil: None
  • Criminal: None if the survivor is under the age of 16 or if the survivor is under the age of 13 and the person charged is more than two years older, or 5 years from the date of the incident.

The statutes of limitations for sexual abuse in Connecticut are as follows:

  • Civil: None.
  • Criminal: 30 years from the date the survivor turns 18, or 5 years from the date that the survivor notifies law enforcement.

The statutes of limitations for rape in California are as follows:

  • Civil: None.
  • Criminal: None if the survivor is under the age of 16 or if the survivor is under the age of 13 and the person charged is more than two years older, or 5 years from the date of the incident.

For more information, see Conn. Gen. Stat. § 54-193.

Delaware

The statutes of limitations for sexual assault in Delaware are as follows:

  • Civil: None.
  • Criminal: None.

The statutes of limitations for sexual abuse in Delaware are as follows:

  • Civil: None.
  • Criminal: None.

The statutes of limitations for rape in Delaware are as follows:

  • Civil: None.
  • Criminal: None.

For more information, see Del. Code Ann. tit. 11, § 205.

Florida

The statutes of limitations for sexual assault in Florida are as follows:

  • Civil: None if the survivor was under the age of 16, or within 7 years of the survivor turning 18, or within 4 years starting from the date of the incident.
  • Criminal: None if the survivor was under the age of 16, or 8 years after the crime was committed if the survivor is 16 years of age or older.

The statutes of limitations for sexual abuse in Florida are as follows:

  • Civil: None if the survivor was under the age of 16, or within 7 years of the survivor turning 18, or within 4 years starting from the date of the incident.
  • Criminal: None if the survivor was under the age of 16, or 8 years after the crime was committed if the survivor is 16 years of age or older.

The statutes of limitations for rape in Florida are as follows:

  • Civil: None if the survivor was under the age of 16, or within 7 years of the survivor turning 18, or within 4 years starting from the date of the incident.
  • Criminal: None if the survivor was under the age of 16, or 8 years after the crime was committed if the survivor is 16 years of age or older.

For more information, see the Florida statute of limitations for sexual abuse and Fla. Stat. § 775.15.

Georgia

The statutes of limitations for sexual assault in Georgia are as follows:

  • Civil: On or before the survivor reaches the age of 23 years, or within 2 years of the date the survivor knew or had reason to know of such abuse.
  • Criminal: 4 years starting from the date of the offense. There is no statute of limitations if DNA evidence is used to identify the accused.

The statutes of limitations for sexual abuse in Georgia are as follows:

  • Civil: On or before the survivor reaches the age of 23 years, or within 2 years of the date the survivor knew or had reason to know of such abuse.
  • Criminal: 4 years starting from the date of the offense. There is no statute of limitations if DNA evidence is used to identify the accused.

The statutes of limitations for rape in Georgia are as follows:

  • Civil: On or before the survivor reaches the age of 23 years, or within 2 years of the date the survivor knew or had reason to know of such abuse.
  • Criminal: 15 years starting from the date of the offense. There is no statute of limitations if DNA evidence is used to identify the accused.

For more information, see Ga. Code §§ 17-3-1, 17-3-2.1.

Hawaii

The statutes of limitations for sexual assault in Hawaii are as follows:

  • Civil: Within 22 years of the date the survivor reaches the age of majority, or within 5 years the survivors discovers (or reasonably should have discovered) the psychological injury or illness, whichever occurs later.
  • Criminal: Within 1 year of the date the assault was reported to law enforcement.

The statutes of limitations for sexual abuse in Hawaii are as follows:

  • Civil: Within 8 years of the survivor turning 18, or within 3 years after discovering an illness or injury during adulthood was caused by childhood sexual abuse.
  • Criminal: None for first and second degree felonies.

The statutes of limitations for rape in Hawaii are as follows:

  • Civil: Within 8 years of the survivor turning 18, or within 3 years after discovering an illness or injury during adulthood was caused by childhood sexual abuse.
  • Criminal: None for first and second degree felonies.

For more information, see Haw. Rev. Stat. § 701-108.

Idaho

The statutes of limitations for sexual assault in Idaho are as follows:

  • Civil: Within 5 years from the date the survivor turns 18 years, or within 5 years from the date that the survivor discovers the injuries or conditions resulting from the incident, whichever occurs later.
  • Criminal: None.

The statutes of limitations for sexual abuse in Idaho are as follows:

  • Civil: Within 5 years from the date the survivor turns 18 years, or within 5 years from the date that the survivor discovers the injuries or conditions resulting from the incident, whichever occurs later.
  • Criminal: None.

The statutes of limitations for rape in Idaho are as follows:

  • Civil: Within 5 years from the date the survivor turns 18 years, or within 5 years from the date that the survivor discovers the injuries or conditions resulting from the incident, whichever occurs later.
  • Criminal: None.

For more information, see Idaho Code §§ 19-401, 402.

Illinois

The statutes of limitations for sexual assault in Illinois are as follows:

  • Civil: For minors, any time before the survivor reaches the age of 27, or no later than the survivor discovered an injury caused by the incident.
  • Criminal: None if the survivor was under the age of 18, or within 10 years for adult survivors starting from the date of the incident.

The statutes of limitations for sexual abuse in Illinois are as follows:

  • Civil: For minors, any time before the survivor reaches the age of 27, or no later than the survivor discovered an injury caused by the incident.
  • Criminal: None if the survivor was under the age of 18, or within 10 years for adult survivors starting from the date of the incident.

The statutes of limitations for rape in Illinois are as follows:

  • Civil: For minors, any time before the survivor reaches the age of 27, or no later than the survivor discovered an injury caused by the incident.
  • Criminal: None if the survivor was under the age of 18, or within 10 years for adult survivors starting from the date of the incident.

For more information, see the Illinois statute of limitations for sexual abuse and 720 Ill. Comp. Stat. 5/3-5, 5/3-6.

Indiana

The statutes of limitations for sexual assault in Indiana are as follows:

  • Civil: Within 5 years from the date DNA evidence is discovered to charge the offender, recording evidence is discovered to charge the offender, or the offender provides a confession.
  • Criminal: None if the crime is a level one felony or within 5 years from the date the state becomes aware of a recording that provides evidence to charge the offender, or the offender confesses.

The statutes of limitations for sexual abuse in Indiana are as follows:

  • Civil: Within 5 years from the date DNA evidence is discovered to charge the offender, recording evidence is discovered to charge the offender, or the offender provides a confession.
  • Criminal: None if the crime is a level one felony or within 5 years from the date the state becomes aware of a recording that provides evidence to charge the offender, or the offender confesses.

The statutes of limitations for rape in Indiana are as follows:

  • Civil: Within 5 years from the date DNA evidence is discovered to charge the offender, recording evidence is discovered to charge the offender, or the offender provides a confession.
  • Criminal: None if the crime is a level one felony or within 5 years from the date the state becomes aware of a recording that provides evidence to charge the offender, or the offender confesses.

For more information, see Ind. Code § 35-41-4-2.

Iowa

The statutes of limitations for sexual assault in Iowa are as follows:

  • Civil: Within 4 years of discovering injuries resulting from the incident.
  • Criminal: None.

The statutes of limitations for sexual abuse in Iowa are as follows:

  • Civil: Within 4 years of discovering injuries resulting from the incident.
  • Criminal: None.

The statutes of limitations for rape in Iowa are as follows:

  • Civil: Within 4 years of discovering injuries resulting from the incident.
  • Criminal: None..

For more information, see Iowa Code § 802.2.

Kansas

The statutes of limitations for sexual assault in Kansas are as follows:

  • Civil: Within 3 years of the survivor turning 18 years old, or within 3 years of the incident, whichever occurs later.
  • Criminal: Within 10 years from the date the survivor turned 18 or within 1 year from the discovery of DNA evidence if the survivor was a minor. Adult survivors must file within 10 years from the date of the incident, or within 1 year of discovery of DNA evidence.

The statutes of limitations for sexual abuse in Kansas are as follows:

  • Civil: Within 3 years of the survivor turning 18 years old, or within 3 years of the incident, whichever occurs later.
  • Criminal: Within 10 years from the date the survivor turned 18 or within 1 year from the discovery of DNA evidence if the survivor was a minor. Adult survivors must file within 10 years from the date of the incident, or within 1 year of discovery of DNA evidence.

The statutes of limitations for rape in Kansas are as follows:

  • Civil: Within 3 years of the survivor turning 18 years old, or within 3 years of the incident, whichever occurs later.
  • Criminal: None.

For more information, see Kan. Stat. Ann. § 21-5107.

Kentucky

The statutes of limitations for sexual assault in Kentucky are as follows:

  • Civil: Within 10 years from the date of the incident, or within 10 years from the date the survivor became aware of the act, within 10 years of the survivor reaching age 18, or within 10 years of the date the defendant was convicted of the crime.
  • Criminal: None if the crime was a felony. 1 year from the date of the incident if the crime was a misdemeanor and the survivor was an adult at the time of the incident.

The statutes of limitations for sexual abuse in Kentucky are as follows:

  • Civil: Within 10 years from the date of the incident, or within 10 years from the date the survivor became aware of the act, within 10 years of the survivor reaching age 18, or within 10 years of the date the defendant was convicted of the crime.
  • Criminal: None if the crime was a felony. 1 year from the date of the incident if the crime was a misdemeanor and the survivor was an adult at the time of the incident.

The statutes of limitations for rape in Kentucky are as follows:

  • Civil: Within 10 years from the date of the incident, or within 10 years from the date the survivor became aware of the act, within 10 years of the survivor reaching age 18, or within 10 years of the date the defendant was convicted of the crime.
  • Criminal: None.

For more information, see Ky. Rev. Stat. § 500.050.

Louisiana

The statutes of limitations for sexual assault in Louisiana are as follows:

  • Civil: None.
  • Criminal: 30 years from the date the survivor turns 18 years old.

The statutes of limitations for sexual abuse in Louisiana are as follows:

  • Civil: None.
  • Criminal: 30 years from the date the survivor turns 18 years old.

The statutes of limitations for rape in Louisiana are as follows:

  • Civil: None.
  • Criminal: None.

For more information, see La. Code Crim. Proc. arts. 571, 571.1, and 572.

Maine

The statutes of limitations for sexual assault in Maine are as follows:

  • Civil: None.
  • Criminal: None.

The statutes of limitations for sexual abuse in Maine are as follows:

  • Civil: None.
  • Criminal: None.

The statutes of limitations for rape in Maine are as follows:

  • Civil: None.
  • Criminal: None.

For more information, see Me. Rev. Stat. 17-A, § 8.

Maryland

The statutes of limitations for sexual assault in Maryland are as follows:

  • Civil: For incidents that occurred on or after after October 1, 2023, Maryland has eliminated the statute of limitations for civil claims related to child sexual abuse, meaning survivors can file a claim at any time (regardless of when the assault occurred). For incidents that occurred before October 1, 2023, survivors can file a claim until they reach 40 years of age or within 5 years of discovering a psychological injury or illness.
  • Criminal: None for crimes committed on or after after October 1, 2023. For crimes committed before October 1, 2023, The statute of limitations varies depending on the type of offense.

The statutes of limitations for sexual abuse in Maryland are as follows:

  • Civil: For incidents that occurred on or after after October 1, 2023, Maryland has eliminated the statute of limitations for civil claims related to child sexual abuse, meaning survivors can file a claim at any time (regardless of when the abuse occurred). For incidents that occurred before October 1, 2023, survivors can file a claim until they reach 40 years of age or within 5 years of discovering a psychological injury or illness.
  • Criminal: None for crimes committed on or after after October 1, 2023. For crimes committed before October 1, 2023, The statute of limitations varies depending on the type of offense.

The statutes of limitations for rape in Maryland are as follows:

  • Civil: For incidents that occurred on or after after October 1, 2023, Maryland has eliminated the statute of limitations for civil claims related to child sexual abuse, meaning survivors can file a claim at any time (regardless of when the assault occurred). For incidents that occurred before October 1, 2023, survivors can file a claim until they reach 40 years of age or within 5 years of discovering a psychological injury or illness.
  • Criminal: None.

For more information, see Md. Code, Cts. & Jud. Proc. §§ 5-106, 117.

Massachusetts

The statutes of limitations for sexual assault in Massachusetts are as follows:

  • Civil: Within 35 years of the incident, or within 7 years from the date the survivor discovered an injury or condition was caused by the act if the survivor was a minor.
  • Criminal: With 27 years of the incident being reported to law enforcement or the survivor turning 16 years of age.

The statutes of limitations for sexual abuse in Massachusetts are as follows:

  • Civil: Within 35 years of the incident, or within 7 years from the date the survivor discovered an injury or condition was caused by the act if the survivor was a minor.
  • Criminal: With 27 years of the incident being reported to law enforcement or the survivor turning 16 years of age.

The statutes of limitations for rape in Massachusetts are as follows:

  • Civil: Within 35 years of the incident, or within 7 years from the date the survivor discovered an injury or condition was caused by the act if the survivor was a minor.
  • Criminal: With 27 years of the incident being reported to law enforcement or the survivor turning 16 years of age.

For more information, see Mass. Gen. Laws ch. 277, § 63.

Michigan

The statutes of limitations for sexual assault in Michigan are as follows:

  • Civil: For minors, a claim must be filed within 15 years of the date of the incident or before the person’s 28th birthday, whichever is later. For adult survivors of crimes of the second, third, and fourth-degree a claim must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitations.
  • Criminal: Second and third-degree charges must be filed within 15 years of the incident or by the survivor’s 28th birthday if the survivor was under age 18. If the survivor was an adult at the time of the incident, charges must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitation.

The statutes of limitations for sexual abuse in Michigan are as follows:

  • Civil: Within 2 years of the incident for assault or battery claims, within 5 years if the perpetrator lived with the survivor, or by the survivor’s 19th birthday if they were under the age of 18 at the time of abuse.
  • Criminal: Second and third-degree charges must be filed within 15 years of the incident or by the survivor’s 28th birthday if the survivor was under age 18. If the survivor was an adult at the time of the incident, charges must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitation.

The statutes of limitations for rape in Michigan are as follows:

  • Civil: For minors, a claim must be filed within 15 years of the date of the incident or before the person’s 28th birthday, whichever is later. For adult survivors of crimes of the second, third, and fourth-degree a claim must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitations.
  • Criminal: Second and third-degree charges must be filed within 15 years of the incident or by the survivor’s 28th birthday if the survivor was under age 18. If the survivor was an adult at the time of the incident, charges must be filed within 10 years of the date of the incident. For first-degree crimes, there is no statute of limitation.

For more information, see the Michigan statute of limitations and Mich. Comp. Laws § 767.24.

Minnesota

The statutes of limitations for sexual assault in Minnesota are as follows:

  • Civil: None.
  • Criminal: None.

The statutes of limitations for sexual abuse in Minnesota are as follows:

  • Civil: None.
  • Criminal: None.

The statutes of limitations for rape in Minnesota are as follows:

  • Civil: None.
  • Criminal: None.

For more information, see Minn. Stat. § 628.26.

Mississippi

The statutes of limitations for sexual assault in Mississippi are as follows:

  • Civil: 3 years from the date of the incident, or 3 years from the date the survivor became aware of injuries resulting from the incident.
  • Criminal: None if the survivor is a child. For adults 18 years or older, charges must be filed within 2 years of the date of the incident.

The statutes of limitations for sexual abuse in Minnesota are as follows:

  • Civil: 3 years from the date of the incident, or 3 years from the date the survivor became aware of injuries resulting from the incident.
  • Criminal: None if the survivor is a child. For adults 18 years or older, charges must be filed within 2 years of the date of the incident.

The statutes of limitations for rape in Minnesota are as follows:

  • Civil: 3 years from the date of the incident, or 3 years from the date the survivor became aware of injuries resulting from the incident.
  • Criminal: None for statutory rape, or if the survivor is a child. For adults 18 years or older, charges must be filed within 2 years of the date of the incident.

For more information, see Miss. Code Ann. § 99-1-5.

Missouri

The statutes of limitations for sexual assault in Missouri are as follows:

  • Civil: Within 10 years from the date of the survivor’s 18th birthday if they were a minor at the time of the incident, or within 3 years from the date that injuries resulting from the incident were discovered.
  • Criminal: None if the survivor is a minor under the age of 18, or within 3 years of the date of the offense for adult survivors.

The statutes of limitations for sexual abuse in Missouri are as follows:

  • Civil: Within 10 years from the date of the survivor’s 18th birthday if they were a minor at the time of the incident, or within 3 years from the date that injuries resulting from the incident were discovered.
  • Criminal: None if the survivor is a minor under the age of 18, or within 3 years of the date of the offense for adult survivors.

The statutes of limitations for rape in Missouri are as follows:

  • Civil: Within 10 years from the date of the survivor’s 18th birthday if they were a minor at the time of the incident, or within 3 years from the date that injuries resulting from the incident were discovered.
  • Criminal: None.

For more information, see the Missouri statute of limitations and Mo. Rev. Stat. §§ 556.036 and 556.037.

Montana

The statutes of limitations for sexual assault in Montana are as follows:

  • Civil: Before the survivor reaches age of 27, or no later than the survivor discovered injuries caused by the incident.
  • Criminal: None if the survivor was under the age of 18, or within 10 years after the date of the incident for adult survivors.

The statutes of limitations for sexual abuse in Montana are as follows:

  • Civil: Before the survivor reaches age of 27, or no later than the survivor discovered injuries caused by the incident.
  • Criminal: None if the survivor was under the age of 18, or within 10 years after the date of the incident for adult survivors.

The statutes of limitations for rape in Montana are as follows:

  • Civil: Before the survivor reaches age of 27, or no later than the survivor discovered injuries caused by the incident.
  • Criminal: None if the survivor was under the age of 18, or within 10 years after the date of the incident for adult survivors.

For more information, see the Mont. Code § 45-1-205.

Nebraska

The statutes of limitations for sexual assault in Nebraska are as follows:

  • Civil: Within 12 years after the survivor reaches the age of 21, or within 4 years from the date of the incident if the survivor was an adult.
  • Criminal: None for first-degree criminal charges. For second and third-degree charges, there is no statute of limitations if the survivor is a child. Charges must be filed within 1 year and 6 months of the date of the offense if the survivor is an adult.

The statutes of limitations for sexual abuse in Nebraska are as follows:

  • Civil: Within 12 years after the survivor reaches the age of 21, or within 4 years from the date of the incident if the survivor was an adult.
  • Criminal: None for first-degree criminal charges. For second and third-degree charges, there is no statute of limitations if the survivor is a child. Charges must be filed within 1 year and 6 months of the date of the offense if the survivor is an adult.

The statutes of limitations for rape in Nebraska are as follows:

  • Civil: Within 12 years after the survivor reaches the age of 21, or within 4 years from the date of the incident if the survivor was an adult.
  • Criminal: None for first-degree criminal charges. For second and third-degree charges, there is no statute of limitations if the survivor is a child. Charges must be filed within 1 year and 6 months of the date of the offense if the survivor is an adult.

For more information, see Neb. Rev. Stat. § 29-110.

Nevada

The statutes of limitations for sexual assault in Nevada are as follows:

  • Civil: Within 20 years of the survivor reaching the age of 18 or date that the injuries were discovered, whichever occurs later.
  • Criminal: Within 20 years of the date of the offense. For children, before the child reaches the age of 36, or before the child is 43 if they have not discovered and reasonably should not have discovered they were a survivor of sexual assault by the age of 36. If DNA evidence is obtained there is no statute of limitations.

The statutes of limitations for sexual abuse in Nevada are as follows:

  • Civil: Within 20 years of the survivor reaching the age of 18 or date that the injuries were discovered, whichever occurs later.
  • Criminal: Within 20 years of the date of the offense. For children, before the child reaches the age of 36, or before the child is 43 if they have not discovered and reasonably should not have discovered they were a survivor of sexual assault by the age of 36. If DNA evidence is obtained there is no statute of limitations.

The statutes of limitations for rape in Nevada are as follows:

  • Civil: Within 20 years of the survivor reaching the age of 18 or date that the injuries were discovered, whichever occurs later.
  • Criminal: Within 20 years of the date of the offense. For children, before the child reaches the age of 36, or before the child is 43 if they have not discovered and reasonably should not have discovered they were a survivor of sexual assault by the age of 36. If DNA evidence is obtained there is no statute of limitations.

For more information, see Nev. Rev. Stat. Ann. §§ 171.083 , 171.085, 171.095.

New Hampshire

The statutes of limitations for sexual assault in New Hampshire are as follows:

  • Civil: None.
  • Criminal: If the survivor was a minor, charges must be filed within 22 years of the their 18th birthday. For adults (and the crime is a felony), charges must be filed within 6 years of the date of the crime, or within 1 year if the crime is a misdemeanor.

The statutes of limitations for sexual abuse in New Hampshire are as follows:

  • Civil: None.
  • Criminal: If the survivor was a minor, charges must be filed within 22 years of the their 18th birthday. For adults (and the crime is a felony), charges must be filed within 6 years of the date of the crime, or within 1 year if the crime is a misdemeanor.

The statutes of limitations for rape in New Hampshire are as follows:

  • Civil: None.
  • Criminal: If the survivor was a minor, charges must be filed within 22 years of the their 18th birthday. For adults (and the crime is a felony), charges must be filed within 6 years of the date of the crime, or within 1 year if the crime is a misdemeanor.

For more information, see N.H. Rev. Stat. § 625:8.

New Jersey

The statutes of limitations for sexual assault in New Jersey are as follows:

  • Civil: For incidents occurring after October 1, 2023, survivors under the age of 18 can file a civil claim until they the age of 55. Alternatively, survivors have 7 years from the date they discover (or reasonably should have discovered), whichever is later.
  • Criminal: None, charges can be filed at any time.

The statutes of limitations for sexual abuse in New Jersey are as follows:

  • Civil: For incidents occurring after October 1, 2023, survivors under the age of 18 can file a civil claim until they the age of 55. Alternatively, survivors have 7 years from the date they discover (or reasonably should have discovered), whichever is later.
  • Criminal: None, charges can be filed at any time.

The statutes of limitations for rape in New Jersey are as follows:

  • Civil: For incidents occurring after October 1, 2023, survivors under the age of 18 can file a civil claim until they the age of 55. Alternatively, survivors have 7 years from the date they discover (or reasonably should have discovered), whichever is later.
  • Criminal: None, charges can be filed at any time.

For more information, see N.J. Stat. Ann. § 2C:1-6.

New Mexico

The statutes of limitations for sexual assault in New Mexico are as follows:

  • Civil: A claim must be filed by the time the survivor is 24 years of age, or within 3 years of the date the injuries were discovered.
  • Criminal: Charges must be filed within 6 years from the date of the offense for second-degree felonies, or within 5 years of the date of the offense for third and fourth-degree felonies; however, for minors, the time limit doesn’t begin until the survivor turns 18. For adult victims, the statute of limitations is 6 years from the date of the offense if it is a second-degree felony, or 5 years from the date of the offense if it was a third or fourth-degree felony. There is no statute of limitations for first-degree felony offenses for adults or children.

The statutes of limitations for sexual abuse in New Mexico are as follows:

  • Civil: A claim must be filed by the time the survivor is 24 years of age, or within 3 years of the date the injuries were discovered.
  • Criminal: Charges must be filed within 6 years from the date of the offense for second-degree felonies, or within 5 years of the date of the offense for third and fourth-degree felonies; however, for minors, the time limit doesn’t begin until the survivor turns 18. For adult victims, the statute of limitations is 6 years from the date of the offense if it is a second-degree felony, or 5 years from the date of the offense if it was a third or fourth-degree felony. There is no statute of limitations for first-degree felony offenses for adults or children.

The statutes of limitations for rape in New Mexico are as follows:

  • Civil: A claim must be filed by the time the survivor is 24 years of age, or within 3 years of the date the injuries were discovered.
  • Criminal: Charges must be filed within 6 years from the date of the offense for second-degree felonies, or within 5 years of the date of the offense for third and fourth-degree felonies; however, for minors, the time limit doesn’t begin until the survivor turns 18. For adult victims, the statute of limitations is 6 years from the date of the offense if it is a second-degree felony, or 5 years from the date of the offense if it was a third or fourth-degree felony. There is no statute of limitations for first-degree felony offenses for adults or children.

For more information, see N.M. Stat. Ann. § 30-1-8, 30-1-9.1, 30-1-9.2.

New York

The statutes of limitations for sexual assault in New York are as follows:

  • Civil: The New York Child Victims Act (CVA) allows survivors of childhood sexual abuse any time before the age of 55.
  • Criminal: None for felony sexual assault (including 1st-degree rape, sexual abuse, etc.). For misdemeanor sexual assault, the statute of limitations is 2 years starting from the date of the incident.

The statutes of limitations for sexual abuse in New York are as follows:

  • Civil: The New York Child Victims Act (CVA) allows survivors of childhood sexual abuse any time before the age of 55.
  • Criminal: None for felony sexual assault (including 1st-degree rape, sexual abuse, etc.). For misdemeanor sexual assault, the statute of limitations is 2 years starting from the date of the incident.

The statutes of limitations for rape in New York are as follows:

  • Civil: The New York Child Victims Act (CVA) allows survivors of childhood sexual abuse any time before the age of 55.
  • Criminal: None for felony rape.

For more information, see the NY State Senate Bill 2019-S2440 and N.Y. Crim. Pro. Law § 30.10.

North Carolina

The statutes of limitations for sexual assault in North Dakota are as follows:

  • Civil: In North Carolina, a civil lawsuit for sexual assault can generally be filed within three years of the last incident if the victim was an adult.
  • Criminal: For felonies, there is no statute of limitations (charges may be brought at any time).

The statutes of limitations for sexual abuse in North Dakota are as follows:

  • Civil: In North Carolina, a civil lawsuit for sexual assault can generally be filed within three years of the last incident if the victim was an adult.
  • Criminal: For felonies, there is no statute of limitations (charges may be brought at any time).

The statutes of limitations for rape in North Dakota are as follows:

  • Civil: For adults, the statute of limitations is 3 years from the date of the incident. If the victim was a child (under 18) at the time of the incident, the civil statute of limitations generally allows filing until the victim’s 28th birthday
  • Criminal: Felony rape charges have no statute of limitations, meaning charges can be filed at any time, regardless of when the incident occurred.

For more information, see State v. Hardin, 201 S.E.2d 74 (N.C. Ct. App. 1973).

North Dakota

The statutes of limitations for sexual assault in North Dakota are as follows:

  • Civil: Within 10 years of the survivors 18th birthday, or within 10 years from the date of discovery. For adult survivors, the statute of limitations is 2 years starting from the date of the incident.
  • Criminal: Within 21 years from the date of the incident if the survivor was a minor, within 3 years from the date that the incident was reported to law enforcement, or within 3 years from the date of identifying the suspect from use of DNA evidence. For adult survivors, charges must be filed within 7 years from the date of the crime.

The statutes of limitations for sexual abuse in North Dakota are as follows:

  • Civil: Within 10 years of the survivors 18th birthday, or within 10 years from the date of discovery. For adult survivors, the statute of limitations is 2 years starting from the date of the incident.
  • Criminal: Within 21 years from the date of the incident if the survivor was a minor, within 3 years from the date that the incident was reported to law enforcement, or within 3 years from the date of identifying the suspect from use of DNA evidence. For adult survivors, charges must be filed within 7 years from the date of the crime.

The statutes of limitations for rape in North Dakota are as follows:

  • Civil: Within 10 years of the survivors 18th birthday, or within 10 years from the date of discovery. For adult survivors, the statute of limitations is 2 years starting from the date of the incident.
  • Criminal: Within 21 years from the date of the incident if the survivor was a minor, within 3 years from the date that the incident was reported to law enforcement, or within 3 years from the date of identifying the suspect from use of DNA evidence. For adult survivors, charges must be filed within 7 years from the date of the crime.

For more information, see N.D. Cent. Code, §§ 29-04-02.1, 29-03.1, 29-03.2, 29.04.02.

Ohio

The statutes of limitations for sexual assault in Ohio are as follows:

  • Civil: For children, a claim must be filed within 12 years from the date of the incident, or within 12 years of reaching the age of majority. For adult survivors, a claim must be filed within 1 year from the date of the incident, or within 1 year of the date the survivor learns who committed the act, whichever is later.
  • Criminal: Within 25 years of the date of the crime, or within 5 years of the discovery of DNA evidence. If the survivor is a child under the age of 18 at the time of the crime, the statute of limitations does not begin until the child reaches the age of majority, or until the incident is known, suspected, or believed to have occurred.

The statutes of limitations for sexual abuse in Ohio are as follows:

  • Civil: For children, a claim must be filed within 12 years from the date of the incident, or within 12 years of reaching the age of majority. For adult survivors, a claim must be filed within 1 year from the date of the incident, or within 1 year of the date the survivor learns who committed the act, whichever is later.
  • Criminal: Within 25 years of the date of the crime, or within 5 years of the discovery of DNA evidence. If the survivor is a child under the age of 18 at the time of the crime, the statute of limitations does not begin until the child reaches the age of majority, or until the incident is known, suspected, or believed to have occurred.

The statutes of limitations for rape in Ohio are as follows:

  • Civil: For children, a claim must be filed within 12 years from the date of the incident, or within 12 years of reaching the age of majority. For adult survivors, a claim must be filed within 1 year from the date of the incident, or within 1 year of the date the survivor learns who committed the act, whichever is later.
  • Criminal: Within 25 years of the date of the crime, or within 5 years of the discovery of DNA evidence. If the survivor is a child under the age of 18 at the time of the crime, the statute of limitations does not begin until the child reaches the age of majority, or until the incident is known, suspected, or believed to have occurred.

For more information, see Ohio Rev. Code Ann. § 2901.13.

Oklahoma

The statutes of limitations for sexual assault in Oklahoma are as follows:

  • Civil: For children, before they reach the age of 45, or within 2 years from the date of the incident.
  • Criminal: For children, charges must be filed before the age of 45. For adults, chares must be filed within 12 years of the discovery of the crime. No statute of limitations apply if DNA evidence is available.

The statutes of limitations for sexual abuse in Oklahoma are as follows:

  • Civil: For children, before they reach the age of 45, or within 2 years from the date of the incident.
  • Criminal: For children, charges must be filed before the age of 45. For adults, chares must be filed within 12 years of the discovery of the crime. No statute of limitations apply if DNA evidence is available.

The statutes of limitations for rape in Oklahoma are as follows:

  • Civil: For children, before they reach the age of 45, or within 2 years from the date of the incident.
  • Criminal: For children, charges must be filed before the age of 45. For adults, chares must be filed within 12 years of the discovery of the crime. No statute of limitations apply if DNA evidence is available.

For more information, see 22 Okla. Stat. 22, § 152.

Oregon

The statutes of limitations for sexual assault in Oregon are as follows:

  • Civil: If the incident occurred before January 1, 2016, a claim must be filed within 6 years of the victim’s 18th birthday or within 3 years of discovering the incident. If it occurred on or after January 1, 2016, a claim must be filed before the victim’s 40th birthday or within 5 years of discovery. For adult survivors, claims must be filed within 2 years of the incident.
  • Criminal: For first-degree crimes, charges must be filed within 12 years of the incident or when reported to law enforcement, or before the victim turns 30 if under 18. For second- and third-degree crimes, charges must be filed within 6 years of the incident, 12 years of the report, or before the victim turns 30 if under 18.

The statutes of limitations for sexual abuse in Oregon are as follows:

  • Civil: If the incident occurred before January 1, 2016, a claim must be filed within 6 years of the victim’s 18th birthday or within 3 years of discovering the incident. If it occurred on or after January 1, 2016, a claim must be filed before the victim’s 40th birthday or within 5 years of discovery. For adult survivors, claims must be filed within 2 years of the incident.
  • Criminal: For first-degree crimes, charges must be filed within 12 years of the incident or when reported to law enforcement, or before the victim turns 30 if under 18. For second- and third-degree crimes, charges must be filed within 6 years of the incident, 12 years of the report, or before the victim turns 30 if under 18.

The statutes of limitations for rape in Oregon are as follows:

  • Civil: If the incident occurred before January 1, 2016, a claim must be filed within 6 years of the victim’s 18th birthday or within 3 years of discovering the incident. If it occurred on or after January 1, 2016, a claim must be filed before the victim’s 40th birthday or within 5 years of discovery. For adult survivors, claims must be filed within 2 years of the incident.
  • Criminal: For first-degree crimes, charges must be filed within 12 years of the incident or when reported to law enforcement, or before the victim turns 30 if under 18. For second- and third-degree crimes, charges must be filed within 6 years of the incident, 12 years of the report, or before the victim turns 30 if under 18.

For more information, see Or. Rev. Stat. § 131.125.

Pennsylvania

The statutes of limitations for sexual assault in Pennsylvania are as follows:

  • Civil: For survivors ages 18 to 24 years at the time of the incident, claims must be filed before the age 30. If the survivor is under the age of 18, they may have a period of 37 years after reaching the age of 18 to file a claim.
  • Criminal: Within 12 years of the date of the incident for adults. For child survivors , charges must be filed before the child reaches the age of 55.

The statutes of limitations for sexual abuse in Pennsylvania are as follows:

  • Civil: For survivors ages 18 to 24 years at the time of the incident, claims must be filed before the age 30. If the survivor is under the age of 18, they may have a period of 37 years after reaching the age of 18 to file a claim.
  • Criminal: Within 12 years of the date of the incident for adults. For child survivors , charges must be filed before the child reaches the age of 55.

The statutes of limitations for rape in Pennsylvania are as follows:

  • Civil: For survivors ages 18 to 24 years at the time of the incident, claims must be filed before the age 30. If the survivor is under the age of 18, they may have a period of 37 years after reaching the age of 18 to file a claim.
  • Criminal: Within 12 years of the date of the incident for adults. For child survivors , charges must be filed before the child reaches the age of 55.

For more information, see 42 Pa. Cons. Stat. § 5552.

Rhode Island

The statutes of limitations for sexual assault in Rhode Island are as follows:

  • Civil: For minors, claims must be filed within 35 years starting from the of the incident, or within 7 years from the date the injuries were discovered, whichever is later. For adult survivors, claims must be filed within 7 years from the date of the incident.
  • Criminal: None for first and second-degree crimes.

The statutes of limitations for sexual abuse in Rhode Island are as follows:

  • Civil: For minors, claims must be filed within 35 years starting from the of the incident, or within 7 years from the date the injuries were discovered, whichever is later. For adult survivors, claims must be filed within 7 years from the date of the incident.
  • Criminal: None for first and second-degree crimes.

The statutes of limitations for rape in Rhode Island are as follows:

  • Civil: For minors, claims must be filed within 35 years starting from the of the incident, or within 7 years from the date the injuries were discovered, whichever is later. For adult survivors, claims must be filed within 7 years from the date of the incident.
  • Criminal: None for first and second-degree crimes.

For more information, see R.I. Gen. Laws § 12-12-17.

South Carolina

The statutes of limitations for sexual assault in South Carolina are as follows:

  • Civil: Child sexual assault claims must be filed within 6 years from the date the survivor reaches age 21, or within 3 years of the date the injuries were discovered, whichever occurs later.
  • Criminal: None.

The statutes of limitations for sexual abuse in South Carolina are as follows:

  • Civil: Child sexual assault claims must be filed within 6 years from the date the survivor reaches age 21, or within 3 years of the date the injuries were discovered, whichever occurs later.
  • Criminal: None.

The statutes of limitations for rape in South Carolina are as follows:

  • Civil: Child sexual assault claims must be filed within 6 years from the date the survivor reaches age 21, or within 3 years of the date the injuries were discovered, whichever occurs later.
  • Criminal: None.

South Dakota

The statutes of limitations for sexual assault in South Dakota are as follows:

  • Civil: Within 3 years starting from the date of the incident, or within 3 years from the date that injuries were discovered. However, no person may recover damages for child sexual assault after the age of 40, other than from the person who perpetrated the act.
  • Criminal: Any time before the age of 25, or within 7 years of the date of the incident, whichever is later.

The statutes of limitations for sexual abuse in South Dakota are as follows:

  • Civil: Within 3 years starting from the date of the incident, or within 3 years from the date that injuries were discovered. However, no person may recover damages for child sexual assault after the age of 40, other than from the person who perpetrated the act.
  • Criminal: Any time before the age of 25, or within 7 years of the date of the incident, whichever is later.

The statutes of limitations for rape in South Dakota are as follows:

  • Civil: Within 3 years starting from the date of the incident, or within 3 years from the date that injuries were discovered. However, no person may recover damages for child sexual assault after the age of 40, other than from the person who perpetrated the act.
  • Criminal: None for first-degree rape. For third and fourth degree rape charges, any time before the age of 25, or within 7 years of the date of the incident, whichever is later.

For more information, see S.D. Codified Laws §§ 22-22-1, 23A-42-2.

Tennessee

The statutes of limitations for sexual assault in Tennessee are as follows:

  • Civil: Within 3 years from the date that the incident was discovered, or within 3 years of the date of the 18th birthday for minors, or within 1 year from the date of the incident for adult survivors.
  • Criminal: For minors, if the incident occurred on or after June 2006, charges must be filed within 25 years of the survivor’s 18th birthday. For adults, charges must be filed within 8 years starting from the date of the incident.

The statutes of limitations for sexual abuse in Tennessee are as follows:

  • Civil: Within 3 years from the date that the incident was discovered, or within 3 years of the date of the 18th birthday for minors, or within 1 year from the date of the incident for adult survivors.
  • Criminal: For minors, if the incident occurred on or after June 2006, charges must be filed within 25 years of the survivor’s 18th birthday. For adults, charges must be filed within 8 years starting from the date of the incident.

The statutes of limitations for rape in Tennessee are as follows:

  • Civil: Within 3 years from the date that the incident was discovered, or within 3 years of the date of the 18th birthday for minors, or within 1 year from the date of the incident for adult survivors.
  • Criminal: For minors, if the incident occurred on or after June 2006, charges must be filed within 25 years of the survivor’s 18th birthday. For adults, charges must be filed within 8 years starting from the date of the incident.

For more information, see Tenn. Code Ann. § 40-2-101.

Texas

The statutes of limitations for sexual assault in Texas are as follows:

  • Civil: Claims must be filed no later than 30 years after the date of the incident for children, or within 5 years of the date of the incident for adults.
  • Criminal: None for felony crimes or if DNA evidence is present.

The statutes of limitations for sexual abuse in Texas are as follows:

  • Civil: Claims must be filed no later than 30 years after the date of the incident for children, or within 5 years of the date of the incident for adults.
  • Criminal: None for felony crimes or if DNA evidence is present.

The statutes of limitations for rape in Texas are as follows:

  • Civil: Claims must be filed no later than 30 years after the date of the incident for children, or within 5 years of the date of the incident for adults.
  • Criminal: None for felony crimes or if DNA evidence is present.

For more information, see Tex. Code Crim. Proc. art. 12.01.

Utah

The statutes of limitations for sexual assault in Utah are as follows:

  • Civil: None.
  • Criminal: Minors have 10 years from the date the they turn 18 years of age. For adult survivors, claims must be filed within 8 years starting from the date of the incident, or within 4 years from the date the incident was reported to law enforcement.

The statutes of limitations for sexual abuse in Utah are as follows:

  • Civil: None.
  • Criminal: Minors have 10 years from the date the they turn 18 years of age. For adult survivors, claims must be filed within 8 years starting from the date of the incident, or within 4 years from the date the incident was reported to law enforcement.

The statutes of limitations for rape in Utah are as follows:

  • Civil: None.
  • Criminal: Minors have 10 years from the date the they turn 18 years of age. For adult survivors, claims must be filed within 8 years starting from the date of the incident, or within 4 years from the date the incident was reported to law enforcement.

For more information, see Utah Code Ann. §§ 76-1-301, 76-1-302.

Vermont

The statutes of limitations for sexual assault in Vermont are as follows:

  • Civil: None if the survivor was a child at the time of the incident.
  • Criminal: None if the survivor was a child at the time of the incident.

The statutes of limitations for sexual abuse in Vermont are as follows:

  • Civil: None if the survivor was a child at the time of the incident.
  • Criminal: None if the survivor was a child at the time of the incident.

The statutes of limitations for rape in Vermont are as follows:

  • Civil: None if the survivor was a child at the time of the incident.
  • Criminal: None if the survivor was a child at the time of the incident.

For more information, see Vt. Stat. Ann. 13, § 4501.

Virginia

The statutes of limitations for sexual assault in Virginia are as follows:

  • Civil: Child sexual assault claims must be filed within 20 years from the date of the incident. Adults must file within 10 years for incidents that occurred on or after July 1, 2020.
  • Criminal: None.

The statutes of limitations for sexual abuse in Virginia are as follows:

  • Civil: Child sexual assault claims must be filed within 20 years from the date of the incident. Adults must file within 10 years for incidents that occurred on or after July 1, 2020.
  • Criminal: None.

The statutes of limitations for rape in Virginia are as follows:

  • Civil: Child sexual assault claims must be filed within 20 years from the date of the incident. Adults must file within 10 years for incidents that occurred on or after July 1, 2020.
  • Criminal: None.

For more information, see Va. Code Ann. § 19.2-8.

Washington

The statutes of limitations for sexual assault in Washington are as follows:

  • Civil: Within 3 years of the date of the incident or within 3 years the injuries were discovered, whichever is later. The time limit for commencement of action is tolled until the survivor reaches age 18 if the survivor was a minor at the time of the incident.
  • Criminal: None for first-degree crimes against children. For adults, charges must be filed within 10 years starting from the date of the incident up to the survivor’s 30th birthday, whichever is later.

The statutes of limitations for sexual abuse in Washington are as follows:

  • Civil: Within 3 years of the date of the incident or within 3 years the injuries were discovered, whichever is later. The time limit for commencement of action is tolled until the survivor reaches age 18 if the survivor was a minor at the time of the incident.
  • Criminal: None for first-degree crimes against children. For adults, charges must be filed within 10 years starting from the date of the incident up to the survivor’s 30th birthday, whichever is later.

The statutes of limitations for rape in Washington are as follows:

  • Civil: Child sexual assault claims must be filed within 20 years from the date of the incident. Adults must file within 10 years for incidents that occurred on or after July 1, 2020.
  • Criminal: None if the victim was a minor at the time of the incident. Charges must be filed within 20 years for rape in the first or second degree if the victim was an adult.

For more information, see Wash. Rev. Code § 9A.04.080.

West Virginia

The statutes of limitations for sexual assault in West Virginia are as follows:

  • Civil: A claim must be filed within 18 years of reaching the age of majority, or within 4 years of the discovered injuries if victim was a minor, whichever is later. For adults, claims must be filed within 2 years starting from the date of the incident.
  • Criminal: None.

The statutes of limitations for sexual abuse in West Virginia are as follows:

  • Civil: A claim must be filed within 18 years of reaching the age of majority, or within 4 years of the discovered injuries if victim was a minor, whichever is later. For adults, claims must be filed within 2 years starting from the date of the incident.
  • Criminal: None for first-degree offenses, or within 1 year starting from the date of the crime for second and third-degree offenses.

The statutes of limitations for rape in West Virginia are as follows:

  • Civil: A claim must be filed within 18 years of reaching the age of majority, or within 4 years of the discovered injuries if victim was a minor, whichever is later. For adults, claims must be filed within 2 years starting from the date of the incident.
  • Criminal: None.

For more information, see W. Va. Code § 61-11-9.

Wisconsin

The statutes of limitations for sexual assault in Wisconsin are as follows:

  • Civil: For minors, claims must be filed before the age of 35, or within 3 years starting from the date of the incident for adults.
  • Criminal: None for first-degree charges. However, charges for second-degree assault of a child victim must be filed before the victim reaches age 45. For adult victims of second and third-degree sexual assault, charges must be filed within 10 years.

The statutes of limitations for sexual abuse in Wisconsin are as follows:

  • Civil: For minors, claims must be filed before the age of 35, or within 3 years starting from the date of the incident for adults.
  • Criminal: None for first-degree charges. However, charges for second-degree assault of a child victim must be filed before the victim reaches age 45. For adult victims of second and third-degree sexual assault, charges must be filed within 10 years.

The statutes of limitations for rape in Wisconsin are as follows:

  • Civil: For minors, claims must be filed before the age of 35, or within 3 years starting from the date of the incident for adults.
  • Criminal: None for first-degree charges. However, charges for second-degree assault of a child victim must be filed before the victim reaches age 45. For adult victims of second and third-degree sexual assault, charges must be filed within 10 years.

For more information, see Wis. Stat. § 939.74.

Wyoming

The statutes of limitations for sexual assault in Wyoming are as follows:

  • Civil: Within 8 years after a minor’s 18th birthday, or within 3 years after the date the injuries were discovered. Adult survivors must file claims within 4 years starting from the date that the incident occurred.
  • Criminal: None.

The statutes of limitations for sexual abuse in Wyoming are as follows:

  • Civil: Within 8 years after a minor’s 18th birthday, or within 3 years after the date the injuries were discovered. Adult survivors must file claims within 4 years starting from the date that the incident occurred.
  • Criminal: None.

The statutes of limitations for rape in Wyoming are as follows:

  • Civil: Within 8 years after a minor’s 18th birthday, or within 3 years after the date the injuries were discovered. Adult survivors must file claims within 4 years starting from the date that the incident occurred.
  • Criminal: None.

For more information, see Wis. Stat. § 939.74.

Criminal vs. Civil Statute of Limitations

The criminal statute of limitations refers to the time prosecutors have to charge someone with a crime, while the civil statute of limitations is the time a survivor has to file a lawsuit seeking damages. For more minors and children, most states pause or extend the statute of limitations, and the deadline doesn’t begin until:

  • The victim turns 18, or
  • The abuse is discovered or reasonably should have been discovered.
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Common Exceptions to the Statute of Limitations

1. Delayed Discovery

This exception allows the statute of limitations to begin when the victim discovers (or reasonably should have discovered) that they were harmed by the abuse—not necessarily when the abuse occurred. This is because some survivors don’t fully understand or connect their psychological, emotional, or physical symptoms to past abuse until years later.

Example: Maria was abused by a teacher when she was 13, but she didn’t understand the impact of that abuse until she began therapy in her 20s and learned the trauma was linked to her depression and anxiety. In a state with a delayed discovery rule, Maria could argue the statute of limitations began when she made this connection—not at age 13.

2. Repressed Memory

Some jurisdictions allow the statute of limitations to start when a repressed memory of abuse is recovered through therapy or other means. This is because severe trauma can lead the brain to block out memories, especially when abuse occurs at a young age.

Example: James was sexually abused by a relative at age 8, but the memory was completely repressed. At age 25, during trauma-focused therapy, the memory resurfaced. In a state that recognizes repressed memory exceptions, James could file a lawsuit despite the abuse happening nearly 20 years earlier.

3. DNA Evidence

In some states, the statute of limitations for criminal charges may be extended or lifted if new DNA evidence is discovered that identifies the perpetrator. Modern DNA testing can link suspects to crimes long after the event—even if the statute would have normally expired.

Example: In 2003, a sexual assault case went cold due to lack of evidence. In 2023, DNA from a rape kit was tested using advanced technology and matched a man who had never been previously connected to the crime. The prosecutor is allowed to charge him now, despite the 20-year gap, because of the newly discovered DNA evidence.

4. Perpetrator’s Absence from the State

The statute of limitations may be paused (tolled) while the alleged perpetrator is outside the state where the crime occurred, especially if it prevents them from being served with legal papers or arrested.

Example: After committing sexual assault in Oregon, the perpetrator moves to Canada and lives there for 15 years. Under Oregon law, the statute of limitations is paused while the perpetrator is out of state. If he returns to Oregon, the clock resumes, and prosecutors can still charge him.

Recent Law Changes

Many states have changed or extended their statutes in recent years. States with notable and recent changes include the following:

  • California: Allows victims of childhood sexual assault to file civil claims until age 40, or within 5 years of discovering the abuse.
  • Kansas: Eliminated the criminal statute of limitations for child sexual abuse, child trafficking, and child sexual abuse material crimes.
  • Maryland: Passed the Child Victims Act in 2023, which completely eliminates the statute of limitations for civil lawsuits.
  • New York: Passed the Child Victims Act, temporarily allowing old cases to be revived during a look-back window (now closed).
  • Florida: Eliminated the criminal statute of limitations for certain sexual battery offenses against minors.

States with Pending Changes

  • Alabama: Senate Bill 127 would extend the civil statute of limitations to 36 years after the victim turns 19 (up to age 55).
  • Michigan: It is very likely that Michigan will be instituting a window for people to file sexual assault claims even if the abuse occurred decades ago. This could be lifted within the next 30 days (TBD in July 2025).
  • Missouri: Proposed action to extend the civil statute of limitations from age 31 to age 41. Senate Joint Resolution 13 proposes a constitutional amendment to eliminate the civil statute of limitations for rape, forcible sodomy, and childhood sexual abuse—potentially reviving previously time-barred claims.
  • Texas: Proposed action to eliminate the civil statute of limitations for child sexual abuse claims entirely. Legislation also aims to void non-disclosure agreements (NDAs) in child sex crime cases, allowing survivors to speak publicly about their experiences.
  • Georgia: A proposed broad tort reform legislation could limit survivors’ ability to sue or obtain large jury awards. Critics argue this may negatively impact survivors of sexual abuse by shortening timeframes or increasing burdens to file.

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