Statute of Limitations for Sexual Abuse Lawsuits in Wyoming

Sexual abuse is an extremely serious crime, but the criminal courts might not be your only option for justice. Victims may sue in civil court, but they must file their claims within a certain amount of time. If you wait too long, you might lose your ability to sue. It is normal for victims of sexual abuse to wait to come forward, and it is important to speak to a lawyer as soon as possible.

In Wyoming, a person who is sexually abused as an adult has only 4 years to file a civil claim. Victims of childhood sexual abuse have until age 26. Speaking of childhood sexual abuse, it is common for victims to repress painful memories. Alternatively, many victims cannot remember because they were so young when the abuse happened. In such cases, plaintiffs may calculate their time limits from the day they discover the abuse, which might be years after it occurred. Whenever abuse happens, it is best to speak to an attorney about it immediately.

Receive a private evaluation of your case for free from our Wyoming sexual abuse lawyers at The Law Office of Andrew Shubin by calling (814) 826-3586.

When Must Sexual Abuse Victims File Civil Claims in Wyoming?

If you or someone you love was sexually abused in the past, you likely know how difficult it can be to come forward with claims of abuse. Many victims fear they will not be believed and that they may be ostracized from their friends, family, and community. While it is normal for victims to take their time coming forward, it is best to do so soon, as there is a limited amount of time to file a civil claim.

Sexually Abused as an Adult

There are different statutes of limitation for different sexual abuse victims. If you were the victim of sexual abuse when you were at least 18 years old, you have a shorter limitation period than that for a victim of childhood abuse. According to Wyo. Stat. § 1-3-105(a)(iv)(C), adult victims of abuse have only 4 years from the abuse to file a civil claim.

Generally, the limitation period begins on the day the abuse happened, but there are exceptions to this rule. If you were abused repeatedly over a longer period of time, you might know which date from which to calculate your time limit. Our Wyoming sexual abuse lawyers may use the most recent instance of abuse, which might give you a bit more time, depending on how long the abuse lasted. For some, this might mean a difference of several years.

Sexually Abused as a Child

Unfortunately, many victims of sexual abuse were children when the abuse occurred. Because minors are not able to take legal action on their own, victims of childhood sexual abuse have more time to file civil claims. In fact, the limitation period for minors does not even begin until they turn 18.

According to § 1-3-105(b), people who were sexually abused as kids may have 8 years from their 18th birthday to file a civil case. Put another way, they have until age 26. While this might appear to be a very long time to begin a civil lawsuit, it can be surprisingly short. Many victims of childhood abuse do not even report the abuse until they are adults. It is common for people to wait to come forward until they are middle-aged or older.

What Happens if a Victim of Sexual Abuse in Wyoming Does Not Remember the Abuse?

Often, victims do not recall the abuse until they are well into their adult years. Perhaps an older family member decides to inform them about the abuse, or they discover it while in therapy. It is also possible that the memories were triggered by something seemingly random.

The discovery rule may apply to plaintiffs who were abused as adults and those abused as children. However, the law is written into the statute of limitations for childhood sexual abuse, while the rule is not explicitly stated in the statute that applies to adults.

Victims of childhood abuse may have 3 years from the day they discover the abuse. For example, if you suppressed memories of the abuse until age 25, you would have 3 years to file a claim, until age 28 rather than 26. If you are unsure how to calculate your time limit, the limitation that would give the plaintiff the most time is usually the one that applies.

Alternatively, one might be able to toll the statute of limitations if they have a mental condition or disability that prevents them from understanding the nature of their injuries or their rights. According to Wyo. Sta. § 1-3-114, a plaintiff with such a disability must file their case within 3 years of when the disability is removed.

Damages You May Claim in a Wyoming Sexual Abuse Case

Damages in claims for sexual abuse can be substantial. Many victims live with the physical and emotional scars of the abuse for the rest of their lives, and fair compensation should reflect the magnitude of this burden.

Economic damages are possible but are not exactly the primary focus. For example, maybe you received medical care for injuries caused by the abuse immediately after the fact. You can claim the cost of that medical care. However, if you have waited a long time to report the abuse, you might not have records of those medical bills anymore. Furthermore, the medical bills might not matter to you now.

Non-economic damages tend to be the primary concern in civil cases for sexual abuse. Victims often live with deep-rooted trauma, fear, and shame. People abused as children often report that the emotional and psychological turmoil from the abuse follows them into adulthood. Your testimony about how the abuse impacted your life may be crucial to proving these damages.

Contact Our Wyoming Sexual Abuse Lawyers for Help Right Away

Get a confidential assessment of your claims for free from our Wyoming sexual abuse attorneys at The Law Office of Andrew Shubin by calling (814) 826-3586.