Statute of Limitations for Post-2019 Sexual Abuse Cases

 

A statute of limitations sets the maximum amount of time after an event that an individual may file a lawsuit against the alleged perpetrators of an offense. If the deadline passes, the victim loses their right to sue, even in matters of sexual abuse.

Thanks to the 2019 amendment, survivors now have more time to seek justice. Not only do childhood victims have until their 55th birthday to file suit, but victims between 18 and 24 years old now have until their 30th birthday to file a civil lawsuit. Prior to 2019, most victims had significantly less time to seek civil penalties against their alleged assailant.

Pennsylvania lawmakers amended the law in recognition of the fact that many victims, particularly those victimized in childhood, have emotional and psychological challenges that make them hesitant to come forward with their claims, sometimes taking decades to do so. However, it is important to note that the extended deadlines only apply to cases of sexual abuse occurring after January 1, 2019. Any abuse that took place before this date falls under the previous law.

 

 

Statute of Limitations for Sexual Abuse Before 2019

 

For cases of sexual abuse or assault that occurred prior to January 1, 2019, Pennsylvania’s previous statute of limitations remains in effect. If the abuse took place when the victim was an adult (18 or older), they have only two years from the date of the last incident to file a civil lawsuit.

For individuals who were minors at the time of the abuse, the two-year statute of limitations was “tolled” (delayed) until they reached the age of 18. This rule effectively gave survivors of childhood sexual abuse prior to 2019 until their 20th birthday to file a claim. These more restrictive deadlines often prevented those who weren’t ready to report soon after the abuse from seeking legal recourse.