| State Sexual Assault/Rape CIVIL Statute of Limitations |
Time Limit |
Tolling/Extension in Child Sex Abuse Case |
| Alabama Ala. Code § 6-2-38 |
Two years from the date of incident |
Yes. The statute of limitations is “tolled” until the victim reaches age 19. Alabama’s legislature and courts have steadfastly refused to adopt a discovery or repressed memory rule. |
| Alaska Alaska Stat. § 09-10-065 AS § 09.10.140. |
Unlimited time period for:
- Felony sexual abuse of a minor
- Felony sexual assault
- Unlawful sexual exploitation of a minor
- Felony sex trafficking
- Felony human trafficking
Three years from the date of incident for:
- Misdemeanor sexual abuse of a minor
- Misdemeanor sexual assault
- Incest
- Felony indecent exposure
|
Yes, for felonies. Alaska also has a delayed discovery statute for misdemeanor sexual assault crimes that extends the time period for three years after the victim reaches majority. The time period is also extended until the victim discovered or through the use of reasonable diligence should have discovered that the act caused the injury or condition.
|
| Arizona A.R.S. § 12- 542(1) |
Two years from the date of incident |
Yes. Two years after reaching the age of 18 or if the victim is of “unsound mind,” two years after the removal of the disability. A.R.S. § 12- 502 |
| Arkansas Ark. Code § 16-56-130(a) |
Three years from the date of incident |
Yes. Three years from the time of discovery if the person was under 18 years of age at the time of sexual abuse. |
| California Ca. Civ. Proc. Code § 335.1 |
Two years from the date of the incident |
Yes. [Law Amended January 2, 2020] Ca. Civ. Proc. Code § 340.1. Must be filed within twenty - two years after the date the person reaches the age of 18 or within five years after the date the person discovers the causal connection of the injury, whichever period expires later. Another section of the new law permits the court to award triple damages if the defendant attempts to cover up the assault. (There are limitations in this section.) |
| Colorado Colo. Rev. Stat. § §13-80-102 (a) |
Two years from the date of incident |
Yes, Colo. Rev. Stat. § 13-80-103.7, Can be filed within six years of reaching age 18 or six years of the removal of a ‘disability.’ Expansive definition of disability includes nursing home residents and victims while in a ‘special relationship’ such as parent, teacher, physician or religious leader. |
| Connecticut Conn. Gen. Stat. § 52-577, 52-577e |
General limitation is three years but no time limit for civil actions for sexual assault if the perpetrator has been criminally convicted of the underlying offense |
Yes, Conn. Gen. Stat. § 52-577d. For sexual abuse, exploitation or assault to a minor, no later than 30 years from the date the person attains the age of majority. |
| Delaware Del. Code tit. 10, § 8119 |
Two years from the date of incident |
Yes, Del. Code tit. 10 § 8145. No time limit for child sex abuse claims. |
| District of Columbia D.C. Code § 12-301(11) |
One or three years from the incident (check the statute) |
Yes, the later of seven years of the minor’s 18th birthday or three years from when the victim knew or should have known of the incident. |
| Florida Fla. Stat. § 95.11(7), (9) |
The general statute of limitations is four years; however, there are exceptions for abuse claims: seven years after the age of majority, within four years after the person leaves the dependency of the abuser, or within four years from the time of discovery, whichever occurs later. |
Yes. No time limit for sexual battery offenses on victims age 15 and under. |
| Georgia O.C.G.A. § 9-3- 33.1(b) |
Two years from the date of incident |
Yes. For a wide range of sexual assaults and related crimes against minors, within five years of the date the person attains the age of majority. There are special rules for elderly victims (over the age of 65). |
| Hawaii HRS § 657-7, § 657-13, § 657-21.5, § 657-23 |
Two years from the date of the incident |
Yes. Within two years of reaching age 18. The statute is tolled during the pendency of any related criminal charges against the offender. If the offender is convicted of a felony, the statute for a civil action against the offender is tolled while the offender is serving a sentence or until completion of parole or probation. |
| Idaho Idaho Code § 6-1704(1), § 5-248 |
Two years from the date of incident |
Yes. For certain sex offenses against children, suit may be brought within five years of the victim reaching age 18. Idaho law also extends the time to file suit while an offender is serving a related prison sentence. |
| Illinois Ill. Rev. Stat. ch. 735, § 13--202, § 13—202.2(b) and (f) |
Two years from the date of incident unless the lawsuit is based on aggravated criminal sexual assault, predatory criminal sexual assault or criminal sexual assault in which case such lawsuit can be brought at any time. |
Yes. Actions for damages based on childhood sexual abuse may be commenced at any time |
| Indiana Ind. Code § 34-11-2-4(1) |
Within two years from the date of the incident |
Yes. For cases resulting from childhood sex abuse, the suit must be filed must be within seven years from the date of incident or within four years from when the minor is no longer a dependent of the person alleged perpetrator. (This is one of the states where the “tolling” provision is not calculated from the age of majority.) |
| Iowa Iowa Code §669.13, §614.8A, §614.8 |
Two years from the date of the incident |
Yes. Suit must be filed within four years of the date of discovery or one year after reaching the age of 18. Sexual abuse or sexual exploitation by a counselor, therapist or school employee must be brought within five years of the date the person was last treated by the counselor or therapist; or within five years of the date the victim was last enrolled or attended the school. |
| Kansas Kan. Stat. § 60-523, §60-513 |
For personal injuries, two years from the date of incident. For assaults, one year from the date of the incident |
Yes, victims of childhood sex abuse must file any lawsuits within three years from the age of 18, or three years from the date of discovery or the date they should have reasonably discovered the abuse. |
| Kentucky Ky. Rev. Stat. §413.249, §413.140(1)(a) |
One year from the date of incident |
Yes. Five years of the commission of the act or the last of a series of acts by the same perpetrator or five years of the discovery date or five years after the victim attains the age 18. |
| Louisiana Louisiana Revised Statute 9:2800.9(A), Civ. Code §3492 |
One year from the date of incident |
Yes, 10 years from the day the minor reaches age 18. |
| Maine Me. Rev. Stat. Ann. 14, § 752-C, |
Six years from the date of incident |
Yes. No time limits. |
| Maryland Md. Cts. and Jud. Proc. § 5-117, Maryland Civil Statute of Limitations |
Three years from the date of incident |
Yes. For sexual abuse of minor claims, a suit must be brought within twenty years of the victim turning 18, however claims against third parties may be limited to before the victim reaching age 25. |
| Massachusetts General Laws of Massachusetts Part III, Title V, 260-4C, Ch. 260 §4 |
Two years for assault from date of incident or five years if the assault involved a dating relationship, spouse, or family member within the same residence. The general statute for personal injury is three years. |
Yes. Suit must be filed within 35 years of reaching the age 18 or within 7 years of the time the victim discovered or reasonably should have discovered the abuse. |
| Michigan MCL 600.5805, §600.5851 |
Two years from the date of incident. |
Yes. One year after reaching age 18. |
| Minnesota Minn. Stat. § 541.073 |
Six years of the time the victim knew or had reason to know of the sexual abuse. |
Yes. Suit must be filed within 5 years of reaching age 18. |
| Mississippi Miss. Code Ann. §15-1-49, § 15-1-59, §15-1-35 |
The general statute of limitations for personal injury is three years from the date of incident; however there is a second statute limiting actions for assault to one year. |
Yes. One or three years of reaching age 18. |
| Missouri Mo. Rev. Stat. § 537.046, Missouri Civil Statute of Limitations, §516.140 |
Five years from the date of incident for personal injury however a two-year limit applies to assaults. |
Yes. For childhood sexual abuse, lawsuits must be filed within 10 years of the victim reaching age 21 or within three years of the date of discovery, whichever occurs later. |
| Montana Mont. Code § 27-2-216(a), Montana Civil Statute of Limitations, §27-2-401 |
Three years from the date of incident for personal injury however a two year limit applies to assaults |
Yes. Three years after the act of childhood sexual abuse; or not later than three years after the person discovers the abuse. It appears that Montana extends the time to file a lawsuit while a victim is a minor. |
| Nebraska Neb. Rev. Stat. § 25-208 |
Four years from the date of incident |
Yes. Generally, victims of child sex abuse can file a lawsuit within four years of reaching age 21. |
| Nevada Nev. Rev. Stat. Ann. § 11.215, Nevada Civil Statute of Limitations |
Two years from the date of the incident |
Yes. Lawsuits for child sex abuse must be filed within 20 years after the person either reaches 18 years of age or discovers/ reasonably should have discovered the abuse. |
| New Hampshire N.H. Rev. Stat. § 508:4-9, New Hampshire Civil Statute of Limitations |
Three years from date of incident |
Yes. For certain sexual assault claims involving minors, a lawsuit must be filed within 12 years of the person’s 18th birthday, or 3 years of the time of discovery, whichever is later. |
| New Jersey N.J. Stat. § 2A:61B-1, §2A:14-2, §2A:14-21 |
Two years from date of incident |
Yes. The statute of limitation is tolled until the victim reaches age 18. Also, in child sex abuse cases, the action can be extended to two years from the date the victim “reasonably discovers” the abuse. |
| New Mexico N.M. Code § 37-1-30 |
Three years from date of incident |
Yes. A lawsuit for childhood sexual abuse must be brought before the victim reaches age 24 or three years from the discovery, whichever occurs first. |
| New York New York Civil Practice Law and Rules 213-c, N.Y.C.P.L.R. 213-B, N.Y.C.P.L.R. 214 & 215, N.Y.C.P.L.R 208 |
The general rule for personal injuries is three years. For assaults, within one year. If the underlying behavior constitutes rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, a civil lawsuit must be brought within five years. |
Yes. Extended to three years after the victim reaches the age of majority. |
| North Carolina N.C. Gen. Stat. § 1-52, §1-17 |
Three years from the date of incident |
Yes. Three years of reaching age 18. |
| North Dakota N.D. Cent. Code § 28-01-18, 25 and 25.1 |
Two years from the date of incident |
Yes. Lawsuits may be filed within a year of reaching age 18. For childhood sexual abuse, lawsuits must be commenced within ten years of when the victim knew or reasonably should have known of the abuse. |
| Ohio ORC Ann. § 2305.111(c) |
Two years from the date of incident |
Yes. For childhood sexual abuse cases (victims under the age of 18 or under the age of 21 if there is also developmental disability or physical impairment), suit must be commenced within 12 years from the date of the minor’s 18th birthday. |
| Oklahoma Okla. Stat. tit. 12 § 95 |
Two years from the date of incident for personal injury, however, a one-year limitation may apply to assaults |
Yes. Two years from when the victim reaches age 18 or until five years after the offender is released from jail, whichever is later. |
| Oregon O.R.S. §12.117 |
Two years from the date of incident |
Yes, A civil lawsuit for child abuse must be commenced before the victim reaches age 40 years or not more than five years from the date the person discovers the abuse, whichever period is longer. |
| Pennsylvania Pennsylvania Code 42 Pa. CSA 5533(b)(2), Pennsylvania Civil Statute of Limitations |
Two years from the date of incident |
Yes. Twelve years from the date of a victim reaches age 18. |
| Rhode Island R.I. Gen. Laws § 9- 1-51 and §9-1-14 |
Three years from the date of incident |
Yes. For case of sexual abuse or exploitation of a child, thirty-five years of the alleged act or within seven years of the time of discovery, whichever occurs later. |
| South Carolina S.C. Code Ann. § 15-3-555, §15-3-530 |
Three years from the date of incident |
Yes. The later of six years after the person reaches 21 years old or three years from the time the victim realizes that their injuries are caused by child sexual abuse or incest |
| South Dakota S.D. Codified Laws § 26-10-25, §15-2-22 |
Two or three years from the date of incident (check statute). |
Yes, one year after reaching age 18 OR within three years of the alleged act or discovery. |
| Tennessee Tenn. Code Ann. § 28-3-104, 28-1-106 |
One year of the date of incident |
Yes. One year after reaching age 18. |
| Texas Civil Practice and Remedies Code §16.045 |
General personal injury statute is two years of the incident, but most civil claims for sexual assault and sexual abuse can be brought within 5 or 30 years of the incident. Five years:
- Sexual assault
- Aggravated sexual assault
- Compelling prostitution
- Human trafficking
30 years:
- Sexual assault (child)
- Aggravated sexual assault (child)
- Continuous sexual abuse of young child or children
- Indecency with a child
- Compelling prostitution (child)
- Human trafficking (child)
|
Yes, the statute of limitations does not begin to run until the victim reaches age 18. Civ. Prac. & Rem. §16.001 |
| Utah Utah Code Ann. § 78B-2-308 |
Four years from the date of incident |
Yes, generally no time limits. (Shorter limits for actions against non-perpetrators). |
| Vermont Vt. Stat. Ann. tit. 12, § 522, § 512 |
Typically three years from the date of incident |
Yes. In cases of childhood sexual abuse, six years of the act, or six years of the time of discovery. |
| Virginia Va. Code Ann. § 8.01-243, §8.01-229 |
Two years from the date of incident |
Yes. Generally, two years from when the victim reaches age 18. For sexual abuse during infancy or disability, 20 years after the incident. |
| Washington Wash. Rev. Code § 4.16.340, § 4.16.080, § 4.16.100 |
General statute of limitations for personal injury is three years but two years for assault. (Check statute) |
Yes. For childhood sexual abuse, the later of three years after the victim reaches age 18 or of discovery of the act. |
| West Virginia W.Va. Code § 55-2-15 |
Two years from the date of the incident |
Yes. Two years from the date the victim reaches the age 18 or discovers the offense. |
| Wisconsin Wis. Stat. § 893.587, Wisconsin Civil Statute of Limitations |
Two years from the date of the incident |
Yes. Must be filed before the victim’s 35th birthday. |
| Wyoming Wyo. Stat. § 1-3-105 |
Four years from the date of the incident |
Yes. For sexual assault against a minor, the later of eight years after victim reaches age 18 or three years after the time of discovery. |