The Statute of Limitations for a Sexual Abuse Lawsuit in Massachusetts

Survivors of sexual abuse deserve an opportunity to seek justice against an offender. Because of that, sexual abuse survivors in Massachusetts should understand the statute of limitations to file a lawsuit and how that impacts their ability to sue an abuser.

There are different statutes of limitations for filing a lawsuit for adult and minor survivors of sexual abuse in Massachusetts. For minors, the current filing deadline is 35 years after abuse or seven years after the discovery of damages. For adults, the deadline is just three years. Victims must know the current statute of limitations and hire an attorney to pursue litigation within the necessary timeframe.

The Law Office of Andrew Shubin’s Massachusetts sexual abuse victim attorneys advocate for survivors. Together, we can file a lawsuit within the statute of limitations. For a free case evaluation with the Massachusetts sexual abuse victim attorneys at The Law Office of Andrew Shubin, call us today at (814) 826-3586.

What Does a “Statute of Limitations” Mean for a Sexual Abuse Lawsuit in Massachusetts?

Statute of limitations is a legal term that some victims of sexual abuse might be unfamiliar with. In Massachusetts, the statute of limitations for civil lawsuits outlines the time victims have to file litigation. The terminology surrounding civil lawsuits can be confusing to sexual abuse victims without legal experience, so it’s important to break these issues down.

If you have been sexually abused in Massachusetts, you only have a specific amount of time to sue a perpetrator. This is called the statute of limitations. Also known as a filing deadline, the statute of limitations prevents victims from filing a lawsuit past a specific date. Victims all have the same amount of time to file a lawsuit once they have been sexually abused unless some exception applies (such as for minors).

As time goes on, it can be more difficult to find the appropriate pieces of evidence to successfully sue an offender for sexual abuse in Massachusetts. Filing deadlines protect defendants from litigation after a specific period. Sexual abuse victims need to understand the term statute of limitations and familiarize themselves with the concept.

What Is the Statute of Limitations for a Sexual Abuse Lawsuit for Minors in Massachusetts?

Many states understand that it can take much longer for child victims of sexual abuse to come forward with a lawsuit against an offender. Because of this, Massachusetts has a longer statute of limitations for minor victims. Minors cannot bring a lawsuit by themselves, without the assistance of an adult, before the age of 18. Many states, including Massachusetts, have filing deadlines to reflect that.

Mass. Gen. Laws Ch. 260, § 4C outlines the statute of limitations for survivors of childhood sexual abuse. Currently, minor victims of sexual abuse in Massachusetts have 35 years since the final act of abuse to file a lawsuit against a perpetrator. It can be many years before victims of childhood sexual abuse come to terms with their experience. Because of that, minor victims also have seven years after discovering damages to file a lawsuit. That means that victims of childhood sexual abuse can file a lawsuit against an offender, even if 35 years had passed if they had not yet recognized abuse before the 35-year period has lapsed.

Mass. Gen. Laws Ch. 260, § 4C-1/2 applies the same statute of limitations for a lawsuit against any negligent adult who contributed or allowed the sexual abuse of a minor. That may apply to schools, churches, or other institutions or individuals that turned a blind eye to the sexual abuse of a child. The Law Office of Andrew Shubin’s Massachusetts sexual abuse victim attorneys can help you bring a lawsuit against a negligent party within the necessary period.

For child victims of sexual abuse in Massachusetts, the statute of limitations can be “tolled” until they reach majority age. That means that the statute of limitations is paused until a minor becomes an adult. So, for minor victims of sexual abuse in Massachusetts, the statute of limitations can be 35 years from their 18th birthday.

What Is the Statute of Limitations for a Sexual Abuse Lawsuit for Adults in Massachusetts?

There is no special statute of limitations for adults to file a sexual abuse lawsuit in Massachusetts. That means that sexual abuse lawsuits are treated like other torts, which are wrongs against another person. Lawsuits for the sexual abuse of an adult have the same filing deadline as any personal injury lawsuit in Massachusetts.

According to Mass. Gen. Laws Ch. 260, § 2A, the statute of limitations to file a lawsuit against an abuser for adult victims is three years from the last date of injury. There is no special exception for instances of sexual abuse of an adult, as there are for minor abuse victims. Unfortunately for Massachusetts victims of abuse, three years is not much time to file a lawsuit. However, The Law Office of Andrew Shubin’s Massachusetts sexual abuse victim attorneys can help you prepare a lawsuit within that time frame. It is possible to pursue litigation within three years of sexual abuse, although it can be difficult for victims.

It may surprise adult victims that there isn’t a special statute of limitations for sexual abuse lawsuits. There is no tolling for adult survivors as there is for child victims unless a defendant has moved out of Massachusetts or a plaintiff is disabled or mentally ill. According to Mass. Gen. Laws Ch. 260, § 9, the time a defendant is out of state does not contribute to the statute of limitations. Once a defendant moves back to Massachusetts, the statute of limitations resumes. Mass Gen. Laws Ch. 260 § 7, the statute of limitations for mentally ill adults to file a lawsuit begins once a disability is removed. Generally, adults have significantly less time to file a lawsuit against an offender and get the justice they deserve. Failure to file a lawsuit within that timeframe could cause adult victims to lose their right to sue.

What Should I Know About the Statute of Limitations for a Sexual Abuse Lawsuit in Massachusetts?

In addition to understanding the length of the statute of limitations for a sexual abuse lawsuit in Massachusetts, survivors must know a few other things. For example, the recent alteration to the statute of limitations for minor sexual abuse victims was not retroactive in all cases. Massachusetts’ statute of limitations will apply to victims abused in Massachusetts, even if they no longer live there. Filing deadlines can change, so it’s important to stay updated.

In 2014, Massachusetts’ extended the statute of limitations to file a sexual abuse lawsuit for minor victims. Unfortunately, that extension was not completely retroactive. That means that minor victims who experienced abuse before the extension cannot file a lawsuit against an offender under the current statute of limitations. There is an exception, however. Victims whose abuse occurred under the previous statute of limitations, but have not yet discovered the abuse, can invoke the current discovery statute. So, they will have seven years from the date of discovery to file a lawsuit against an offender, regardless of the previous filing deadline for minor victims.

Regardless of where you currently live, you must abide by Massachusetts’ statute of limitations if you were sexually abused in Massachusetts. These laws can continue to change as victims and lawyers, like the Massachusetts sexual abuse victim attorneys at The Law Office of Andrew Shubin, advocate for future extensions.

Call Our Attorneys to File a Sexual Abuse Lawsuit in Massachusetts

Experienced lawyers can help survivors of sexual abuse file a lawsuit in Massachusetts. Call the Massachusetts sexual abuse victim attorneys at The Law Office of Andrew Shubin for a free case evaluation today at (814) 826-3586.