Asserting a Clergy Sexual Abuse claim may be subject to various deadlines – formally known as “statutes of limitations” – which limit the time within which a claim can be brought. These limits vary from state-to-state and, for each state, differ depending upon the type of claim. Generally speaking, statutes of limitations are divided into two distinct groups: those that apply to criminal acts and those that apply to non-criminal or civil claims.
Many states have adopted very liberal time limits for sexual abuse cases. For example, in Connecticut, the general time limit for criminal prosecution of sexual abuse, sexual exploitation or sexual assault of a minor (under the age of 18) is THIRTY (30) years from the date the survivor reaches the age of majority (age 18) [CGs 54-193a]. For civil actions brought by the abuse survivor against the perpetrator and other responsible parties, a similar rule applies, i.e. the action may be brought any time within the THIRTY (30) year period beginning from the date the survivor attains the age of 18 [CGS 52-577d]. For civil actions, there also is a statute that extends the time limit if a defendant has engaged in fraudulent concealment [CGS 52-595].
Because Clergy Sexual Abuse case can involve both a criminal prosecution and a civil claim, more than one statute of limitations (SOL) is likely to apply. In all situations, an analysis of these SOL time limits can only be made after the relevant facts and circumstances are known. As a general guide, here are the relevant criminal SOLs from various states:
| Arizona | Illinois | Montana | Rhode Island |
| Arkansas | Louisiana | New Jersey | Texas |
| California | Maine | New York | Vermont |
| Colorado | Maryland | North Carolina | Washington D.C. |
| Connecticut | Massachusetts | Pennsylvania |
In 2019, Arizona opened a 19-month revival window for previously expired child sex abuse claims against perpetrators, private organizations and the government. The window opened on May 27, 2019 and closes December 30, 2020. Claims are revived for all survivors up until they reach age 30, even after the window closes. For a guide to help survivors understand their rights during the legal process of filing a civil lawsuit under Arizona’s revival law, click the survivor tool kit below.
In 2021, Arkansas extended the statute of limitations for sexual abuse of “vulnerable individuals” (children and disabled persons) to age 55. This means that a “vulnerable individual” can bring an action for sexual abuse up until the date on which he/she attains age 55.
In conjunction with the extension of the statute of limitations, Arkansas enacted a two-year revival window during which victims of childhood sexual abuse, whose claims may be barred by the prior statute of limitations, may bring an action against the abuser and any other party who may be responsible for the abuse. This two-year revival window will be open until January 31, 2024.
January 1, 2024
Governor Newsom signed new legislation – AB 452 – that eliminates the statute of limitations for sexual abuse of a child. The new law applies to both perpetrators and to any party who owed a duty of care to the victim. It only applies to abuse that occurs on and after January 1, 2024.
SOL Legislation in California signed by Governor Newsom
On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill 218 revising California’s statute of limitations applicable to civil claims for damages based on acts of childhood sexual assault. The revisions to California law include the following:
In 2021, Colorado eliminated its statute of limitations for childhood sexual abuse. This change is prospective so it applies to childhood sexual abuse that occurs after the effective date. Prior to this change, Colorado’s statute of limitations was the later of (i) six (6) years from that date of the abuse; or (ii) six (6) years from the victim’s 18th birthday.
In conjunction with the 2021 elimination of its statute of limitations for childhood sexual abuse, Colorado enacted a three-year Revival Window during which victims of childhood sexual abuse, whose claims may otherwise be barred by the prior statute of limitations, may bring an action against the abuser and any other party who may be responsible for the abuse. This three-year Revival Window will be open until December 31, 2024. However, in June 2023 the Colorado Supreme Court declared this Revival Window to be unconstitutional thus nullifying any lawsuit and any claim based upon it.
NOTE: in Colorado, there are damage caps of $350,000 for public entities/perpetrators and between $250,000 and $500,000 for non-public entities/perpetrators, with exceptions for negligence or excessive injury.
In Connecticut, investigations or releases of information concerning sexual abuse by priests are continuing in a decentralized manner and are being overseen by Connecticut’s individual dioceses of the Catholic Church. These individual Church/Diocese-directed investigations/releases of information are in distinct contrast to investigations being carried on in other States by their Attorneys General. In addition to independence from Church hierarchy, Attorneys General have subpoena power and a statewide mandate and vantage point, all of which combine to provide a more accurate investigation of the scope of abuse committed by Catholic priests.
Equally important, with subpoena power, Attorneys General have the latitude to investigate the extent to which Church officials knew about and took (or failed to take) steps to cover-up the abuse of children by priests. Coupled with, or in the absence of, action by Attorneys General, lawsuits brought by survivors of sexual abuse are unlocking the secret files of the Connecticut Dioceses and Churches that reveal the sordid and disgusting history of priest sexual molestation in Connecticut. Through the judicial process, survivors and their attorneys have been able to obtain documents and testimony revealing both the crimes by priests and the cover-up by their superiors. The efforts of these courageous survivors are holding the culprits accountable and have been the main catalyst for change and reform.
Note: On Tuesday, March 19th, 2019, several Connecticut lawmakers introduced Committee Bill No. 3 at the General Assembly: “An Act Combatting Sexual Assault and Sexual Harassment.” The bill proposes sweeping changes to Connecticut’s laws dealing with sexual assault and sexual harassment including changes to the State’s criminal laws.
More information on the bill here
In 2021 Louisiana eliminated its statute of limitations for childhood sexual abuse. Prior to this change, Louisiana’s statute of limitations was 3 years from the date the victim’s 18th birthday.
In conjunction with the 2021 elimination of its statute of limitations for childhood sexual abuse, Louisiana enacted a three-year revival window during which victims of childhood sexual abuse, whose claims may be barred by the prior statute of limitations, may bring an action against the abuser and any other party who may be responsible for the abuse. This three-year revival window will be open until June 13, 2024.
In 2023, Maryland revised its statute of limitations applicable to child sexual abuse. The revision eliminates the statute of limitations for all living victims of childhood sexual abuse. For deceased victims of childhood sexual abuse, if the Maryland applicable statute of limitations is still open, i.e. a civil claim can be brought, as of October 1, 2023, the new statute will be applicable to the claim.
The new law will take effect on October 1, 2023. It provides a new definition of sexual abuse as follows:
“Sexual abuse” means any act that involves an adult allowing or encouraging a child to engage in:
It also applies monetary limitations on claims brought against various institutions who are found to be vicariously liable for the acts of the abuser.
NOTE: The time limit for commencement of an action does not begin to run until the child attains the age of 18 years.
Montana revised its statutes of limitation applicable to childhood sexual abuse (as specifically defined in Montana law) on May 7, 2019. Those revisions also included a one–year (limited) revival window that, in certain circumstances as described below, victims of childhood sexual abuse, whose claims were otherwise time–barred, could bring claims for monetary damages against the perpetrator of the abuse and any responsible institution that had a duty of care to the victim.
Under Montana’s new law:
The revisions to Montana’s law included a limited 1–year revival window that began on May 7, 2019 and ends on May 6, 2020. An action brought in reliance on this 1–year window is further limited by the following:
These limitations establish hurdles which are likely beyond the capability of most victims of childhood sexual abuse that occurred many years ago. Consequently, this one–year revival window provides very little benefit to most victims of childhood sexual abuse whose claims are time–barred.
On February 14, 2019, New York Governor Cuomo signed the New York Child Victims Act into law. The Childhood Victims Act was passed by the New York State legislature on January 28th and then awaited Governor Cuomo’s signature. With Governor Cuomo’s signature, the Childhood Victims Act is now the law in New York and provides for the following:
This latter provision of the Childhood Victims Act took effect six months from February 14th, 2019. So beginning in mid-August, 2019, and continuing for a period of one year, survivors of childhood sexual abuse could file lawsuits in New York to compensate them for the harm and damages they suffered as a result of the childhood sexual abuse.
In July 2020, the NY Child Victims Act’s statute of limitations date of August 13, 2020 was extended to January 14, 2021. In addition, the NY Legislature has passed a bill that further extends the CVA statute of limitations until August 14, 2021. Governor Cuomo signed the bill into law on August 3, 2020.
On November 7, 2019, North Carolina’s Governor signed Senate Bill 199 which made major changes to the state’s Statutes of Limitations (“SOL”) applicable to childhood sexual abuse. In addition, effective January 1, 2020 and extending until December 31, 2021, Senate Bill 199 opens a 2–year “revival window” during which those whose civil claims for childhood sexual abuse were otherwise time–barred can bring lawsuits against the abuse perpetrator and any responsible organizations.
Under North Carolina’s new law:
NOTE: Proposed legislation in Pennsylvania would eliminate the criminal statutes of limitation for criminal child sex abuse and would open a limited “window of time” during which expired civil claims could be brought by victims. This legislation has NOT been enacted. PA HB 1947 & SB 261.
NOTE: The time limit for commencement of an action does not begin to run until the child attains the age of 18 years. During the last week of June, 2019, the Rhode Island legislature passed revisions to the State’s laws that expand the time within which victims of childhood sexual abuse can bring civil claims against their abusers and, in some cases, against non-perpetrator responsible institutions. You can find out more by clicking here
Civil Actions for Childhood Sexual Abuse: - 15 years from the date the abuse-survivor attains the age of 18, i.e. a civil claim for the sexual abuse of a child can be brought at any time prior to the child/survivor attaining the age of 33 year. If, within the 15-year period described above, the abuse-survivor files a lawsuit against a “John” or “Jane Doe” defendant because the survivor does not know the identity of the abuser, Texas allows for further tolling from the date the lawsuit is filed until the abuse-survivor, proceeding with due diligence, discovers the identity of the abuser. Upon discovery of the abuser’s identity, the abuse-survivor has 30 days to substitute the name of the abuser in place of the “John” or “Jane Doe” defendant.
Because a Clergy Sexual Abuse case can involve both a criminal complaint and a civil claim, more than one statute of limitations is likely to apply. In all situations, an analysis of these time limits can only be made after the relevant facts and circumstances are known. If you would like to discuss a particular situation please call us toll-free at 1-866-371-8506 1-866-371-8506 or send us your contact information and we will respond promptly.
If you prefer to speak with us directly regarding your incident, please call The Meneo Law Group at 1-866-371-8506 1-866-371-8506 or send us a confidential email.
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February 2019