Statute of Limitations on Sexual Abuse Lawsuits in Nebraska

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Author: Tina L

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Fewer acts are as harmful as sexual abuse. While most people think sexual abuse is prosecuted as a crime, victims can also file a lawsuit to get financial compensation as justice.

However, Nebraska places a time limit known as the “statute of limitations” on all types of personal injury cases, including those for sexual abuse. Still, you might have the right to file a lawsuit at any time, depending on when in your life the abuse occurred. Children who were sexually abused are never barred from suing their abuser but will be limited if suing someone other than the abuser. The rule is more unfair to adult sexual abuse victims, who will only have a few years to file a claim. While changes could come in the future, our attorneys will help you determine how long you can file a lawsuit under the current laws.

Contact The Law Office of Andrew Shubin at (814) 826-3586 for a free and confidential case evaluation with our Nebraska sexual abuse lawyers.

Sexual Abuse of an Adult

If the sexual abuse was committed against an adult, the statute of limitations is much shorter. In fact, the timeframe to file a lawsuit for adult sexual abuse is the same as that for personal injuries. According to § 25-207, adults who were sexually abused only have four years to file their lawsuits.

This means a victim has just four years to come forward, contact an attorney, and build their case. Four years can go by fast in these cases, which is why it is important to report the crime as soon as possible and then contact our team to start your civil claim.

What Constitutes Sexual Abuse of a Child in Nebraska?

For the statute of limitation above to apply to a lawsuit for childhood sexual abuse, the abuse must be the type that could be prosecuted as a first-, second-, or third-degree felony. According to § 28-319.01, forcing a child under twelve into a sexual act is a first-degree felony. It is also a first-degree felony to engage in a sexual act with a child older than 12 but younger than 16 where the perpetrator is 25 or older.

You can also file a civil lawsuit if the abuse fits the definitions found under § 28-320.01. For instance, it would be considered sexual abuse for someone 19 or older to have sexual contact with a child 14 or younger, but it might not qualify if the victim was 15 or 16 and there was no physical injury. Our team can review how and when your abuse happened to determine if it meets these criminal definitions.

Will Changes be Made to the Statute of Limitations on Sexual Abuse Lawsuits in Nebraska?

While Nebraska’s statute of limitation laws are more favorable than some states, they are still behind other states that have done away with time limits. However, that could change in the future. In 2023, LB 174 was introduced in the Nebraska legislature to amend the time limit for child sexual abuse victims to sue non-perpetrators. The new law would completely eliminate the statute of limitations against these parties, as opposed to the twelve-year limit currently in place.

LB 341 was also introduced to amend limits placed on lawsuits against the state and its agencies. At present, abuse victims cannot usually sue the Nebraska state government because of sovereign immunity. This means you could file a lawsuit against the perpetrator but not an agency or institution if it is state-run. Under the new law, sovereign immunity would be removed, and the statute of limitations would be extended to age 33.

Unfortunately, these proposed laws were indefinitely postponed in April 2024. However, their introduction into the legislature is a positive step for victims in Nebraska that points to change to come.

Types of Compensation You Can Claim for Sexual Abuse in Nebraska

You can claim several types of compensation in a civil lawsuit. Our team will help assess these damages, including your special and general damages.

“Special” damages are the financial losses you suffered because of the abuse.

“General” damages, on the other hand, compensate you for your pain and suffering. General damages in a sexual abuse case can be significant. They are intended to cover any physical pain you live with from the abuse, as well as the emotional distress you suffer. It is common for people to have depression, PTSD, and other mental health issues following their abuse. These damages and more can be claimed as general losses.