Statute of Limitations for Sexual Abuse Lawsuits in Wisconsin

If you are a victim of sexual abuse in Wisconsin or someone close to you is, you do not need to be told how difficult it is to get justice for the harm such heinous acts cause. However, you might not know that our lawyers can help you file a lawsuit in civil court for sexual abuse.

The biggest challenge to sexual abuse victims recovering the compensation they deserve is the statute of limitations. This is the hard deadline to file a claim and will cut a victim off from recovering anything, no matter how unjust. We can discuss your case privately to learn when your abuse occurred and what time limit will apply. If you were sexually abused years ago as a child, you can still file a lawsuit until turning 35. If you were abused as an adult, contact us right away because the deadline will be much more limited.

For a private and free case review with our Lawyers for sexual abuse victims in Wisconsin, contact The Law Office of Andrew Shubin today at (814) 826-3586.

How Long Individuals Have to File Sexual Abuse Lawsuits in Wisconsin

Understanding how long sexual abuse victims have to file a lawsuit in Wisconsin civil courts for damages can be extremely challenging, especially when most want to move on. The “statute of limitations” will depend on what age the victim was when the abuse occurred. Child victims will have more time to file than adult victims, but other carve-outs exist that could provide more time. Our Wisconsin sexual abuse lawyers can determine which time limits apply and assess the damages you are owed. The following will explain how long victims have to file in each situation:

Sexual Abuse of a Child

The terms “sexual abuse” and “sexual assault” are often used interchangeably in Wisconsin but essentially refer to any intentional or deliberate sexual contact with another without their consent. In civil lawsuits, it is usually called “sexual battery.” Children do not have the legal ability to consent, so any sexual contact with a child is considered abuse. However, how long child victims have to file depends on whether their abuse meets one of the definitions of criminal sexual abuse found in Wisconsin law.

For certain felony-level sexual abuse crimes against children, victims will have until the age of 35 to file a lawsuit, according to Wis. Stat. Ann. § 893.587. For instance, this extension will apply to victims of first-degree child sexual assault under § 948.02. If the abuser were convicted of engaging in repeated acts of sexual abuse with a child or of incest, the victim would also have until 35 to file, as per § 948.025 and § 948.06, respectively. Victims of foster parents and other substitute care under § 948.085 will also have the deadline tolled until their 35th birthday.

Of course, many child sexual abuse incidents happen within certain organizations, like schools and churches. If the perpetrator was a staff member of the victim’s school, as per § 948.095, or a member of a religious organization or “clergy” under § 895.442, the statute of limitations runs until the victim turns 35. If the lawsuit is filed after the victim turns 35, it will be barred.

If the child’s sexual abuse does not fall under one of the criminal definitions above, the standard statute of limitations that is used for typical personal injury claims will apply. Unfortunately, this time limit is much shorter, with § 893.54(1m)(a) providing only three years from when the abuse happened for child victims to file a lawsuit. However, this time is tolled since the victim is a child, and being under the age of 18 is a legal disability, preventing them from understanding and exercising their legal rights. This means the statute of limitations will not begin to run until the victim turns 18, after which they will have two years to file a lawsuit, according to § 893.16(1).

Victims Over the Age of 18

Unfortunately, there are no extended time limits under Wisconsin’s general statute of limitations for adult sexual abuse victims. If you were 18 or older when abused, you would have the same amount of time to file a lawsuit as a victim of negligence or battery, which is three years from the date the cause of action arose.

Victims Sexually Exploited by a Therapist

Wisconsin has a specific exception to the statute of limitations for victims of sexual abuse by a therapist. While § 893.585 sets a three-year deadline to file a lawsuit in these situations, it does extend the time if the victim is unable to file because of the abuse, threats, or other acts by the abuser. However, the law sets a hard deadline of 15 years for these claims to be filed.

Who to File Your Sexual Abuse Lawsuit Against in Wisconsin

The perpetrator of the abuse will also be the primary defendant in a civil lawsuit. Unfortunately, many abusers are financially insolvent, meaning that they will likely not have the means to pay the damages the court orders in a lawsuit. Justice in a civil suit is measured in financial damages, so we will assess your case for others we could sue that will have deeper pockets.

The laws above only extend a right to sue religious organizations for sexual abuse by an employee under § 895.442(2)(b). If a teacher or other caregiver abuses the victim, the law limits liability to the abuser and not the organization they work for. Thus, in most cases, schools and other non-religious organizations cannot be held responsible in a lawsuit.

That does not mean organizations can never be held liable for their employees. If our team can find evidence that the organization negligently hired the abuser, like not conducting reasonable background checks before hiring them to work with children, we can name them as a defendant. They can also be held liable in court if they try to cover up the abuse after learning of it.

Speak with Our Lawyers for Sexual Abuse Victims in Wisconsin Today for the Legal Support You Deserve

Call The Law Office of Andrew Shubin at (814) 826-3586 for a confidential and free case review with our Lawyers for sexual abuse victims in Wisconsin.