Statute of Limitations on Sexual Abuse Lawsuits in North Carolina

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People who experience sexual abuse have the right to sue the people who hurt them in civil court. One of the biggest legal hurdles for plaintiffs in sexual abuse cases in North Carolina is the statute of limitations. The statute of limitations limits the time a person has to file formal legal action. In civil cases of sexual abuse, the statute of limitations differs for those who were adults or kids when the abuse occurred.

Adult victims usually have 3 years from the last instance of abuse, while children have until age 28 to file a claim. Civil claims for sexual abuse tend to overlap significantly with criminal law. The defendant might be criminally charged, putting your civil case on hold for a while. Depending on whether the defendant is criminally convicted, you might have more time to file a civil case. If your time to file a civil case is coming up fast, talk to a lawyer about your legal options.

Contact our North Carolina sexual abuse lawyers at The Law Office of Andrew Shubin for a free case review by calling (814) 826-3586.

The Statute of Limitations for North Carolina Sexual Abuse Cases

Generally, people who were sexually abused as adults have a much shorter limitation period than people abused during childhood. Because the statute of limitations can be quite different for people sexually abused as children versus people sexually abused as adults, it is important to have our North Carolina sexual abuse lawyers review your case so it can be filed on time, according the statute of limitations that applies to your case.

Victims Abused as Adults

For plaintiffs who were sexually abused as adults, the statute of limitations for a civil claim may be found under N.C.G.S. § 1-52(16). The law provides a plaintiff with 3 years from the date of the most recent instance of abuse to file a civil lawsuit, barring special exceptions.

Remember, the limitation period begins on the date of the most recent abuse. In cases where plaintiffs were abused multiple times over an extended period, calculating the limitation period can be hard. If you are unsure of the exact date of the last instance of abuse, speak to a lawyer right away.

Alternatively, you have 3 years from the date you realize the abuse and injuries. This may be important in cases where victims repress memories of abuse or do not realize that what they experienced was sexual abuse.

Generally, the statute of limitations may not be extended more than 10 years from the date of the last incident of abuse. This is known as the statute of repose. However, as detailed below, certain exceptions to this rule might apply.

Victims Abused as Minors

If you were a victim of childhood sexual abuse, your limitation period is a bit more generous, and you may have more time to file compared to adult plaintiffs. According to § 1-17(d), people sexually abused as children have until age 28 to file a civil lawsuit against abusers.

The 10-year statute of repose mentioned above does not bind civil lawsuits for childhood sexual abuse. For example, if you were repeatedly sexually abused from the age of 5 until age 7, you still have until age 28 to file a civil lawsuit, even though this is far more than 10 years after.

And yet, the problem with this statute of limitations for childhood sexual abuse is that it is arguably far too short for many plaintiffs.

Civil Claims for Sexual Abuse in Cases Where the Defendant is Also Criminally Prosecuted in North Carolina

Sexual abuse claims in civil court often overlap with criminal prosecution. If you want to file a civil lawsuit against the abuser but have not reported the abuse to the police, talk to your lawyer. If you file a civil claim, there is a chance that the authorities will pick up on the case, investigate, and arrest the abuser. This can be helpful and harmful to your civil case.

According to N.C.G.S. § 1-17(e), a plaintiff suing for childhood sexual abuse may have 2 years from the date the defendant is criminally convicted for related felony sexual abuse offenses. You might have more time to file a civil case, depending on when the conviction takes place. Remember, this rule does not limit the rule regarding the ordinary limitation period.

Criminal prosecution may come with certain advantages and disadvantages for your civil claim. On the one hand, we might obtain more evidence than we could on our own if the police conduct a thorough criminal investigation. On the other hand, criminal prosecution might place your civil claims on the back burner, and we might have to wait longer before your civil case goes to trial.

What if the Statute of Limitations for Sexual Abuse Claims in North Carolina is Not Long Enough?

One of the biggest problems faced by many plaintiffs seeking to file sexual abuse cases is that the limitations period is often too short. Plaintiffs abused as children only have until the age of 28. Adults only have 3 years from the last instance of abuse. While several years might seem like plenty of time to prepare and file a civil lawsuit, it can be surprisingly short.

Sexual abuse cases are infamous for how long many plaintiffs wait before coming forward with their claims. It is not unusual for people to wait decades before they report the abuse. For many, the limitations period for children and adults is not enough. People often wait so long because they fear retaliation from abusers. This is common in cases involving kids who live in fear of their abusers. Others fear they will not be believed and be ostracized by friends and family.

Many other jurisdictions have taken steps to extend or even abolish the statute of limitations for civil claims for sexual abuse. In North Carolina, similar steps were taken in 2019. Senate Bill 199 extended the limitations period for minors until age 28. Before, they had only 3 years from the date they turned 18. Now, a lawyer might still be able to help you file a case even if it has been years since the last instance of sexual abuse.