Statute of Limitations on Sexual Abuse Lawsuits in South Dakota

Something that deserves to be talked about more is sexual abuse. It happens to so many people, but it is incredibly difficult for victims to come forward with reports of abuse. This can make it extremely difficult for victims to get any justice or closure, as they often wait too long, and the statute of limitation expires before they can file a civil claim.

The statute of limitations in North Dakota for civil claims related to sexual abuse is arguably among the worst in the country. People who were abused have very little time to come forward with their claims, with only 3 years from the date of the abuse to file a civil lawsuit. Alternatively, they might have 3 years from when they discover or realize the abuse, but no one can file a civil case past the age of 40. If you cannot file a claim because you are time-barred by the statute of limitations, talk to our legal team about other possible options.

For a private, free review of your case, call our South Dakota sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586.

The Statute of Limitations in North Dakota for Sexual Abuse Civil Cases

The statute of limitations is a law that limits the amount of time people have to take legal action. In the world of civil law, the statute of limitations may set a strict time limit on when people can file claims for personal injuries, accidents, and other common claims in civil court. This includes civil claims for sexual abuse.

People Abused During Childhood

When it comes to claims of sexual abuse, the issue of childhood sexual abuse can be very difficult to talk about. However, victims of childhood sexual abuse often have the hardest time coming forward with their claims, and the statute of limitations is not very forgiving. According to S.D.C.L. § 26-10-25, victims of childhood sexual abuse have 3 years from the date the abuse occurred to file a claim or 3 years from the date they realized or discovered the abuse. Generally, since minors cannot take legal action on their own, this limitation period does not begin until they are 18, giving them until age 21 to file a civil case.

If this sounds like a very limited amount of time, it is. South Dakota has one of the most restrictive statutes of limitation for childhood sexual abuse in the country. Most victims do not even report the abuse until they are closer to middle age. If you were abused as a child and have not yet reached the age of 21, our South Dakota sexual abuse attorneys can help you file a claim as quickly as possible. If the time limit expires, other legal options might be worth exploring with your lawyer.

People Abused During Adulthood

Sexual abuse also happens to adults, and they may also file civil claims against those responsible. While the statute mentioned above is written to apply specifically to childhood sexual abuse cases, adult victims may follow a similar limitation period. Generally, if someone is sexually abused when they are 18 or older, they have 3 years from the abuse to file a claim or 3 years from when they discover or realize the abuse.

For minors, the limitation period is tolled and does not begin until they turn 18. For adults, the clock starts ticking right away, giving them less time to find the courage to report the abuse and speak to an attorney. If you are an adult who was recently sexually abused, contact a lawyer immediately.

How the Discovery Rule Works in South Dakota Sexual Abuse Cases

The discovery rule may apply in cases where survivors of sexual abuse either do not remember the abuse for a long time or do not realize how the abuse injured them until later. According to the discovery rule, you have 3 years from the date you actually realize or discover the abuse to file the claim, which might extend past the normal 3 years deadline. For example, if you were abused as a child, you normally would have until age 21 to file a civil claim. However, if you did not remember the abuse until age 25, you would have 3 years until age 28 to file a civil claim.

The discovery rule may only stretch your time so far. According to the statute mentioned earlier, nobody may file a claim past the age of 40, at least not against any entity other than the actual person who perpetrated the abuse. For example, if a member of the clergy abused you, you could sue them and the church. However, if you do not realize or discover the abuse until age 40, you may only sue the clergy member who hurt you and not the church.

Additionally, how you calculate the limitation period may depend on your specific circumstances. Many people who are abused experience multiple instances of abuse. Some are abused for years. According to S.D.C.L. § 26-10-26, we may calculate the limitation period from the most recent instance of abuse, which might give you more time than you first thought.

How Statutes of Limitations Might Change in the Future in North Dakota

Numerous other states have taken steps to expand or even abolish the statute of limitations for sexual abuse cases. North Dakota is one of a handful of states that have taken no action to increase the amount of time victims have to report abuse and file civil claims for damages. However, if the actions of the other states are any indication, legal reform could be on the horizon.

Even if you are currently time-barred and cannot file a civil claim for the abuse you endured, talk to a lawyer about it anyway. There is a chance that someday in the future, new laws will allow people more time, and a look-back window might be opened for time-barred victims to get justice.

Speak to Our North Dakota Sexual Abuse Attorneys Today

For a private, free review of your case, call our South Dakota sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586.