Law

Recent Changes in Sexual Abuse Statute Limitations Laws

Recent Changes in Sexual Abuse Statute Limitations Laws

Sexual abuse statute of limitations laws have never been more crucial to understand.

Sexual abuse survivors finally have lawmakers listening. And states are changing their statute of limitations laws as we speak.

Here’s why…

Due to delayed disclosure, childhood sexual abuse survivors often don’t report what happened to them for decades. In fact, according to CHILD USA research, over 70% of victims don’t report their sexual abuse within five years.

This meant that survivors were being let down by outdated laws before they even had the chance to disclose.

Below, this article discusses:

  1. What Are Sexual Abuse Statute Limitations?
  2. Why States Are Changing Their Sexual Abuse Statute Laws
  3. Recent Sexual Abuse Statute of Limitations Reforms at the State-Level
  4. What Are Revival Windows?
  5. How Reforming SOIL Laws Helps Survivors of Sexual Abuse

What Are Sexual Abuse Statute Limitations?

Sexual abuse statute of limitations (“SOIL”) laws are laws that create time limits for survivors to pursue justice in a civil lawsuit or criminal case.

In essence, if survivors do not file legal action against their abuser within the provided deadline… they lose their right to do so.

But…

The issue with laws like these is trauma doesn’t care about statutes of limitations. For many survivors, justice isn’t something they are ready to pursue for years. Some survivors may not even realize what happened to them was abuse until they’re adults.

For these reasons and more, it’s more important than ever to stay educated on your state’s sexual abuse statute of limitations. They can vary from state-to-state.

The better news? States are starting to reform these laws to allow survivors more time to file a lawsuit.

Why Are States Changing Their Sexual Abuse Statute Laws?

The main reason state governments are changing their SOIL laws is quite simple…

Trauma doesn’t operate within years, it can operate within decades.

Decades of research shows that childhood sexual abuse survivors take a long time to disclose what happened to them. The average age survivors report the sexual abuse they endured as a child is age 52.

In the grand scheme of things, 52 is no time at all to wait to disclose abuse. But to the legal system? 52 is an eternity.

Abusers used to be able to get away with their crimes if a survivor didn’t file a lawsuit against them by their late twenties. Because of this, many states have been scrambling to change their outdated laws and align them with how trauma actually affects survivors.

A few of the biggest reasons states are changing their statute laws:

  • Widespread abuse in churches, schools, sports, and corporations was being exposed
  • News stories revealed how abusers were getting away with their crimes after the statute of limitations expired
  • Research was coming out about how trauma affects the brain and why survivors often take years to disclose
  • Survivor advocates were working hard to hold legislators accountable for passing changes

The #MeToo movement also had a significant impact on changing how society viewed sexual violence. Never before had people around the world been inundated with stories about how abuse happens everywhere. And society learned that just because a survivor doesn’t come forward right away, doesn’t mean they don’t deserve to seek justice.

Recent Sexual Abuse Statute of Limitations Reforms at the State-Level

At the state-level, you’ll find tons of change. States are reforming their sexual abuse statute laws left and right. Many states have already changed their civil statutes limitations laws.

Here’s what some have done:

  • California eliminated their civil statute of limitations for child sexual assault in 2024
  • Colorado ended their civil statutes of limitations for abuse that occurred on or after January 1, 2022. They also opened a revival window.
  • Louisiana recently extended their revival window through June of 2027, after their Supreme Court ruled it was constitutional.
  • Iowa became the 14th state to eliminate their criminal statute of limitations laws for sex crimes against minors in 2021.
  • In April 2024, Tennessee extended their civil statute of limitations from 1 year to between 3-5 years with the passing of “Danielle’s Law.”

Talk about major changes. States are finally listening to survivors and changing laws for the better.

What Are Revival Windows?

Revival windows were briefly touched on above, but they warrant their own discussion.

Revival windows are when states temporarily open up the statute of limitations for sexual abuse. During this period, survivors can file a civil lawsuit against their abuser—even if the time provided by original statute of limitations has passed.

As of July 2024, CHILD USA’s tracking shows 33 states and territories that have adopted revival windows or age limit revival laws for child sex abuse claims.

Revival windows are significant because they understand the reality: Many survivors had their legal rights taken from them before they were even old enough to know how. Survivors deserve a second chance to sue their abusers.

Something to note: Revival windows have been found unconstitutional in some states and constitutional in others.

Between 2020 and 2024, the highest court in Utah, Kentucky, and Colorado found survivors’ right to sue expired with the statute of limitations. Once the SOL clock runs out, survivors don’t have a right that can then be revived retroactively.

However, courts in Georgia, Vermont, and Louisiana found revival windows to be constitutional.

As you can imagine, this creates a bit of a gray area. Just because your state high court has heard a case regarding revival windows, doesn’t mean the outcome will be the same should your case be heard.

How Do Changing SOIL Laws Help Survivors?

Updating sexual abuse statute limitations laws helps survivors in more ways than simply extending deadlines.

These changes show survivors that society believes them. Your trauma and healingisn’t something you’ll overcome in a few years. For many survivors, coming forward isn’t a decision you make overnight. And abuse shouldn’t have an expiration date.

Here are some ways changing SOIL laws help survivors:

  • Allows survivors to spend time healing before deciding whether or not to sue their abuser
  • Hold accountable childhood abusers even if the abuse happened decades ago
  • Help expose predators who thought they got away with abuse
  • Forces institutions to clean up their act

Another fantastic thing about survivors being able to sue their abusers (or the institutions that allowed them to abuse) is how it will impact others moving forward.

Institutions will think twice about allowing abusers to work with children now. Better screening of adults working with kids will become the norm. Churches will be forced to clean up their child protection policies. Nonprofits will take sexual abuse prevention seriously.

Things are changing for the better.

What Survivors Need to Know About Changing Sexual Abuse Statute Laws

Like with most things discussed here, it all depends on your state.

Some states have eliminated their statute of limitations period while others have not. Some states have specific time-frames depending on your age when the abuse happened or when you discovered the abuse caused you harm.

The bottom line? Don’t give up. Just because you were told years ago that it was too late to file a lawsuit against your abuser, doesn’t mean that window of opportunity hasn’t reopened.

States are changing their sexual abuse laws all the time. Many states extended their window for survivors to file a lawsuit or opened a revival window in the past few years. Your best bet is to speak with a lawyer who specializes in sexual abuse cases to learn more.

TLDR

Sexual abuse survivors finally have lawmakers taking them seriously.

States are changing their sexual abuse statute of limitations laws to allow survivors more time to file a lawsuit. Some states are extending their current civil and criminal statute of limitations laws. States are opening revival windows and even eliminating their statute of limitations law for certain sex crimes.

This all comes down to one thing: Survivors shouldn’t be denied their day in court simply because they weren’t ready or able to come forward decades ago. Trauma doesn’t care about statutes of limitations. Society finally does too.

Aliza
Aliza
I’m Aliza, the founder of Urdu Novel Bank. I built this site because I love Urdu stories and want everyone to enjoy them. As an Urdu literature lover, I choose the best novels to share with you. Here you can find free Urdu novels in romance, mystery, thriller and more. Read online or download PDF chapters without signing up. I update the library often so you’ll always have new tales to explore. My goal is to bring Urdu literature to readers around the world.