Statute of Limitations - What It Means for Your Lawsuit

Believe us, we get it: SOL sounds more like how you might feel for having to read about what appears to be a cringey topic. But shove that idea right out of your head, because understanding the statute of limitations may mean the difference between successfully seeking justice or losing the chance forever. Stay with us for a few moments.

What Is Statute of Limitations?

Basically, it’s a law assigning a certain time limit, usually from the date a crime is committed or discovered, after which your rights cannot be enforced by legal action and offenses against you can no longer be punished.

What does that even mean?

Let’s take it apart.

Statute means a written law passed by a legislative body, which, in the US refers to each state’s legislature.
Certain time means how long, after an individual has been the target of a crime, she or he can access the US court system to seek justice.
Rights means your legal entitlement as a US citizen to challenge wrongdoers (defendants) in a court of law, either for a prison sentence (criminal) or financial compensation (civil) within a given amount of time, typically by filing a lawsuit.
Certain amount of time is synonymous with statute of limitations.

Having barely brushed the surface, we are the first to admit that it is impossible to fully explain or understand the “statute of limitations” because it varies from state to state along with a host of other stipulations, despite some fairly standardized basics. Every kind of offense carries different legal weight, according to which state it happened in.

Most often, legal action is pursued in the state where the offense took place.

Wait, This Comes Down to What State I Live In?

Yes. Hard to believe, isn’t it? Well, without getting into heavy-duty legal theory here, there is no universal national law regarding the amount of time someone can come forward for a lawsuit over sexual assault. The way that our system works, these types of lawsuits rely on state laws, meaning the specifics (such as time limits) vary based on the state.

Yes, we understand that people move around between states all of the time. Yes, we understand that you may no longer live in the state in which your assault took place. Yes, we understand that this is complicated, and every situation will need to be reviewed individually to truly determine what the precise time limit should be.

That’s why we work with highly experienced lawyers who regularly handle these types of cases. They know what they’re doing. So, if your head is spinning just reading this, you can always talk to our team if you have questions about your specific situation. We’re here to help demystify the legal process.

WHAT DO YOU MEAN IT’S BEEN TOO LONG?

Too often, statutes of limitations are too short! The thing we hear every single day is shock and dismay from women who’ve been assaulted or in some other way hurt and didn’t realize they had limited time to take legal action.

When people are hurt, it’s human nature for them to avoid more pain. They can get caught up in handling immediate fallout, recovering from trauma, or seeking medical help. Maybe the last thing they want to do is confront the actual crime again and repeat the details of their story to strangers. It may seem like adding extreme insult to injury, but it’s the only way.

Understanding SOL is important because if you’ve been hurt, you need to act fast while you still have the right!

There is never enough time. We don’t want you to be confused about this. Hard as it may be, survivors and/or families of survivors simply don’t have all the time in the world.

But That’s Not Enough Time to Process What Happened to Me!

In cases involving traumatic sexual assault, it is more widely understood now than ever that abuse survivors might not even remember what happened until years or decades later – long after the traditional SOL has expired. Even if their memory is spotty, they may not be able to fill in enough details to make a sufficient statement to the authorities and begin legal action.

“The brain has a number of ways to deal with traumatic events, including trying to help you forget about them,” wrote Gabrielle Bernstein, a survivor of child sexual abuse in her bestseller Happy Days, in an interview with Cosmopolitan.

Bernstein forgot about what happened for years. “In the case of someone who cannot fight or flee, they become frozen,” she says. “The brain disconnects from the present moment. This is known as dissociation and is a common trauma response. In cases of big-T trauma, dissociating during an incident means the memory of it can be ‘forgotten’ for decades only to be revealed through a trigger or when someone becomes safe enough to recall the memory.”

Some experts believe it takes an individual sexually assaulted as a minor until age 52 to recall the event(s). That’s more than 30 years and primarily the reason why outdated SOLs lasting one to three years offer little help.

But some states are working hard to change this picture.

What Is a Lookback Window?

Several states have begun instituting lookback windows, periods where a state’s statute of limitations is paused, allowing adult survivors of child sexual abuse more time to sue an institution that hid or ignored the abuse, regardless of when the abuse occurred, according to Katy Boose at The Legal Examiner.

California passed the first lookback window in 2003, according to the NCJA (National Criminal Justice Association), prompting other states to follow. In May 2023, E. Jean Carroll successfully sued a former US president for battery and defamation because the New York state legislature passed the Adult Survivor’s Act in 2022 – giving her one year to sue her assailant over an incident that occurred in 1996, according to Forbes.

A handful of states currently have their lookback window open relative to sexual assault — and several other states are considering legislation that would open up a lookback window. You can read more about the latest on Child USA’s website.

Formerly, these states have offered them:

Arizona
California
Delaware
Georgia
Hawaii
Michigan (legislation is underway to permanently eliminate SOL for sex crimes)
New Jersey
North Carolina
Washington, DC
Minnesota

Can the Statute of Limitations be Changed?

Yes! Every state has the power to extend the length of statutes of limitations relating to sexual assault or any other issues such as birth injuries or harm due to faulty medical devices, etc. However, the biggest focus on change has been related to sexual abuse related to minors.

Also, YOU have the power to change the SOL in the state where you live. While we are not interested in political persuasion, it is a fact that blue-leaning states generally provide more support for individuals while red-leaning states provide more support for corporations.

So, if you think your state doesn’t offer enough time for a survivor to process their trauma before pursuing legal action, then vote for a candidate who advocates for increasing the time limit.

It’s that simple.

And if you take away one thing from this blog, remember: The sooner you come forward, the better chance you have of successfully seeing a lawsuit through.

It can never be soon enough.

And we are here to help you take that step and understand what the statute may be in your state (and for your specific situation). Our team is always ready to talk things through with you. You can always call us at (866) 488-4786 or contact us via a secure form on our site. Whatever you are most comfortable with. One thing we can all (red or blue) agree on is that predators should be held accountable! Especially when it comes to sexual abuse of minors.

What Do You Mean There’s a Time Limit for Taking Legal Action? AKA, What the Heck Does “Statute of Limitations” Mean?