Statute of Limitations on Sexual Abuse Lawsuits in Nevada

Sexual abuse is a terrible thing that many victims just want to walk away from.  For many, abuse that happened as a child is not even at the forefront of your mind, and you might not even remember it happening.  As such, many people who do come forward about sexual abuse do so well into adulthood, making the statute of limitations a hugely impactful rule in their cases.

Under Nevada law, there is currently no statute of limitations barring lawsuits against sexual abusers.  This applies to both abuse cases involving adult victims and child victims.  This law is the result of somewhat recent legislation, namely in 2021 to remove the filing deadline for minor victims and 2023 to remove the deadline for adult victims.  As such, you can contact a lawyer and initiate a lawsuit whenever you need to.

For assistance on your case, call our attorneys for victims of sexual abuse in Nevada at The Law Office of Andrew Shubin by dialing (814) 826-3586.

Statute of Limitations for Sexual Assault and Abuse in Nevada

Under legislation passed in 2021, the statute of limitations was lifted for underage victims of sexual abuse, and similar legislation passed unanimously and signed by the governor in 2023 also lifted the statute of limitations for adult victims.  However, it is worth going through what these laws previously covered and what specific conduct has no statute of limitations.  There are some forms of sexual abuse and exploitation that are still governed by time limits for lawsuits, and it is important to check with our lawyers for sexual abuse victims in Nevada for help understanding what specific deadline to file might apply to your case.

Sexual Assault or Abuse of an Adult

Adult victims do not have a time limit on lawsuits for sexual abuse according to SB 129 of 2023 – which will be enrolled as part of NRS 11.190.  Although the currently published statute does not have this language yet, you can see in the text of the bill itself that it will include a subsection specifically allowing lawsuits for adult victims to be “commenced … at any time.”

This covers basically all acts of sexual penetration, referencing the definitions in the criminal sexual assault statute, NRS 200.366.  As such, unwanted sexual touching might not qualify under this statute of limitations, and claims would instead need to be filed within 2 years under NRS 11.190(4)(c)’s 2-year statute of limitations for assault and battery.

Sexual Abuse of a Minor

As with the statute of limitations for sexual assault of an adult, there is no time limit on bringing a case for sexual assault of a minor.  The previous version of NRS 11.215 before the 2021 amendment used to give victims 20 years from the time they turned 18, but this was eliminated, leaving them able to pursue compensation at any time.  However, the conduct in question does change the filing deadline.

For sexual assault involving penetration, there is no statute of limitations under the current version of NRS 11.215.  If there is a conviction under NRS 41.1396 for child pornography, the victim can also file a lawsuit for that conduct with no statute of limitations.

However, when there is a conviction on record for some other exploitation of a child under a different statute, a lawsuit against a different party for that conduct must be filed within 20 years of the victim turning 18.  This shorter deadline often applies to other parties responsible for the abuse – e.g., schools or churches – rather than the actual perpetrator.

Unlike with “sexual assault” involving an adult, the term “sexual abuse” involving a minor is much broader and includes non-penetrative sexual touching as well.

Why Did Nevada Lift its Statute of Limitations for Sexual Assault and Sexual Abuse?

Many states have begun lifting the statute of limitations – or at least extending it – for victims of sexual assault and abuse.  Many victims do not come forward right away, and those abused as children often do not report abuse until they are in their 50s.  As such, even something like a 20-year statute of limitations would be too short to cover these kinds of cases fairly.

When it comes to changing the statute of limitations for adults, this recent fight in 2023 actually involved advocates and survivors of alleged sexual assault by Bill Cosby pushing legislators to change the adult statute of limitations to match the child victim statute of limitations.

The child victim statute of limitations in 2021 was already 20 years from turning 18, but this was extended at that time to allow lawsuits at any point.

Is the Nevada Statute of Limitations on Sexual Abuse Retroactive?

There are often legal disputes over whether these newly enacted statutes of limitations for civil sexual abuse lawsuits are retroactive – that is, there is a question as to whether they apply to cases that took place before the law was changed.  In some states, the law requires you to use the statute of limitations that was in effect at the time of the abuse for computing when you have to file your case.  However, statutes can often explicitly state in the text of the statute that the law is intended to be retroactive.  Other states create “look-back windows,” opening lawsuits for a year or several years but then closing access after that time.

Under Nevada’s laws, § 3 of SB 129’s 2023 changes to the adult statute of limitations and § 4 of SB 203’s 2021 changes to the minor statute of limitations both specifically state that the changes are retroactive.  This means that even if the abuse occurred before the statute of limitations was changed, the new law reaches back to that date and removes the statute of limitations.

This ultimately means that even if your case would have been time-barred before the 2021 or 2023 changes, it should be possible once again to file your case and seek justice for the abuse that happened to you, no matter how long ago it was.  However, proving older cases is inherently more difficult because people forget what happened over time, and evidence and records might have been destroyed or lost.  As such, it is still vital to act quickly.

Call Our Lawyers for Victims of Sexual Abuse in Nevada Today

If you are a survivor of sexual abuse, call our lawyers for victims of sexual abuse in Nevada for a free case assessment today by contacting The Law Office of Andrew Shubin at (814) 826-3586.