It is not unusual for sexual assault to go unreported for months, years, or sometimes even decades after it took place. In some cases, particularly with survivors who were children at the time of the assault, the memories lie hidden and only emerge after the survivor is older. In other cases, the survivor has such difficulty reliving the events that reporting them is not something they can address until some time has passed.
This can sometimes pose problems when it comes to holding the person who is responsible for the sexual assault accountable for their actions. One type of problem relates to something called the statute of limitations.
What is the Statute of Limitations?
A statute of limitations is a law that designates how long you have to bring a claim against someone for a particular type of wrong. Many crimes have these “limitations periods” after which, if the person has not been charged with a crime, the authorities can no longer do so. There are also statutes of limitations for civil claims – lawsuits – after which the person who wants to sue someone else for compensation is not able to pursue their claim. Limitations periods differ depending on the type of case, and in some serious cases, there is no statute of limitations.
Statute of Limitations for Sexual Assault
As Marlo Greer points out in her video on this topic, states around the country are recognizing that when it comes to sexual assault, many survivors are not able to bring claims against their attackers until many years after the assault or assaults have ended. These states have adjusted their limitations periods for these types of claims, either lengthening them considerably or even removing them entirely.
This has not happened in every state. And states that have changed their limitations periods have not done so in a consistent way, so that the limitations periods will vary from one state to another. An organization called Child USA has a webpage that gathers current information about the statutes of limitations in all 50 states.
Sometimes it can be difficult to understand exactly what the statute of limitations is for a given situation. Some states, like Colorado, have different limitations periods that apply depending on when the sexual assault took place. For Colorado, there is no limitations period for civil claims based on sexual assault that happened on or after January 1, 2022. For abuse that took place before then, a limitations period may still apply.
The most important thing to remember about the statute of limitations is, as Marlo Greer points out, once it has passed, it has passed – and you won’t be able to bring a civil claim against your attacker.
The Greer Law Group Can Answer Your Statute of Limitations Questions
If you are a survivor of sexual abuse and have been considering whether to sue the person or persons responsible for your assault, contact the Greer Law Group for help. You probably have a lot of questions about what is involved in seeking compensation for the abuse you endured, including how long you may have to bring your claim.
At the Greer Law Group, we regularly represent clients who have survived sexual assault. We understand that whether to bring a lawsuit against your attacker is an extremely important as well as difficult decision to make. We are here to give you the information you need so that you can make that decision on your own. We will never pressure you into bringing a case that you are not ready to bring. But we will also make sure you know if there are any statute of limitations issues that could affect your claim.
Contact the Greer Law Group today if you have questions about bringing civil claims against anyone responsible for sexually assaulting you. We can be reached at 303-331-6460 or by submitting our online contact form. We will schedule a free case evaluation where you can tell us about what happened to you, and we can give you the information you need to make an informed choice about what to do next.
META title: Sexual Assault Statutes of Limitation | Greer Law Group
Description: Statutes of limitation for civil claims based on sexual assault vary from one state to another.
If you are a survivor of sexual assault, you may be considering whether you can bring a civil lawsuit against your attacker or others responsible for your assault. It is important to understand whether there is a Statute of Limitations that applies in your state to claims of this type. As Marlo Greer points out in her video on this topic (link in the comments), statutes of limitations designate how long you have to bring a claim for a particular type of case. If there is a statute of limitations that applies to a certain type of claim, once that period has ended, you won’t be able to bring that claim in court.
Many states have increased or even removed their statutes of limitation that apply to civil lawsuits based on sexual assault. But the laws from state to state vary. One place to check to see what a state’s limitations periods are is a website maintained by @childusathinktank. You can also contact the Greer Law Group if you have questions. We will never try to push you into bringing a lawsuit, but we will answer your questions so that you can make that decision for yourself.
