Statute of Limitations on Sexual Abuse Lawsuits in New Mexico

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Author: Tina L

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Most people know that sexual abuse is a crime one can be prosecuted for, but they might not know that victims can also file civil claims against their perpetrators. The issue is that many victims fear coming forward, and it might take years before seeking justice.

Unfortunately, New Mexico’s statute of limitations might prevent you from filing a claim if you wait too long. Many states have done away with any time limits on civil lawsuits for child sexual abuse and reformed those that apply to adults. New Mexico’s statute of limitations, on the other hand, only gives child victims three years after turning 21 to file their claims. Fortunately, the law allows a little longer to file if the abuse was not disclosed to a health professional until later.

Call our New Mexico sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586 for a free, private review of your case.

Is There a Time Limit on How Long I Have to File a Sexual Abuse Lawsuit in New Mexico?

All personal injury claims are subject to a time limit known as the “statute of limitations,” even those for sexual abuse. Unfortunately, New Mexico has not updated its civil sexual abuse laws like other states have over the last few years. How long you have to file will also depend on whether the abuse occurred as a child or an adult. Our New Mexico sexual abuse attorneys can help dispel the confusion and determine when the clock started ticking in your case. Regardless, you will not have much time to file your lawsuit under New Mexico’s current statutes of limitations.

Statute of Limitations for Child Sexual Abuse

If the plaintiff was a child when they suffered sexual abuse, they will have two potential dates to file their lawsuit. Child victims have either until their 24th birthday or three years from the date they disclose the childhood abuse to a licensed medical provider or mental health counselor during the course of care, whichever comes later, according to N.M. Stat. § 37-1-30(A)(1)-(2).

Statute of Limitations for Adult Sexual Abuse

For adult victims of sexual abuse, the statute of limitations that governs when their lawsuits must be filed is the same as any other injury claim. This means that adults will have the same amount of time to file a lawsuit for sexual abuse as those who suffered personal injuries in a fight or car accident. Under § 37-1-8, you will only have three years from the date of your abuse to file your lawsuit if you were an adult when you were sexually abused.

In adult sexual abuse cases, we would file a lawsuit for civil battery and assault. This is a much broader definition than the ones used to define child sexual abuse. “Battery” refers to all offensive and unwanted contact, including sexual contact. We also sue for assault in these claims, which typically occurs before sexual battery. “Assault” in civil law means putting you in apprehension of an immediate contact, such as the apprehension caused by a perpetrator’s sexual advances.

New Mexico’s limitations have a long way to go before it comes to catching up with other states. As of the writing of this article, up to 19 states have eliminated the civil statute of limitations for sexual abuse, as reported by ChildUSA.

Will the Statute of Limitations on Sexual Abuse Claims in New Mexico Change?

While New Mexico has fallen behind many other states in allowing sexual abuse victims access to the court, there is some hope that this might change in the near future. In 2024, SB 154 was introduced into the New Mexico legislature, which would have amended the time limit sexual abuse victims would have to file their claims. The bill would completely eliminate any civil statute of limitations in these cases. It would also have a permanent revival window open for victims whose claims expired under the old statute of limitations.

Unfortunately, action on the bill has been postponed indefinitely, so there is no telling when the new law might pass. While it is a step in the right direction, it does not help victims today who need justice.

What Constitutes Sexual Abuse to File a Civil Lawsuit in New Mexico?

Many times, it is clear when someone is the victim of sexual abuse. Sometimes, though, a person might not be sure whether an act rose to the level of a violation. Thus, it is important to understand what New Mexico considers sexual abuse for the purposes of filing a civil lawsuit.

According to § 37-1-30(B), sexual abuse of a child for civil matters is defined as conduct that could be prosecuted as a crime.

30-9-11 deals with criminal violations for sexual penetration of a child. Under this law, all unwanted sexual penetration or touching, whether by force or otherwise, should be covered under this definition of “childhood sexual assault.” This also includes touching “intimate parts,” as defined by § 30-9-13, such as contact that goes beyond hugging. Possessing media of a sexual nature that involves a child can also be the basis of a civil lawsuit, as per § 30-6A-3.

It is important to understand, though, that the perpetrator does not need to be prosecuted by the state for these crimes to file a claim in civil court. If our team can show with the evidence that the acts the law describes were done to you or your child, you can recover compensation.

We can also use the law as a measure of your abuse if you were an adult when the abuse occurred. As mentioned, the definition of “injury” is much broader for adult civil cases. Any unwanted or offensive touching that results in injuries is enough to file a lawsuit for battery in civil court. Sexual assault would certainly fall under the definition of offensive and unwanted contact.

What Should I Do if the Statute of Limitations on My Sexual Abuse Lawsuit Has Passed?

Even if you think the deadline in your case has passed, you will not know for sure until you have spoken with our attorneys. With the overlapping laws discussed above, it can be extremely difficult to determine exactly how much time you have to file a lawsuit. Abuse also tends to happen on an ongoing basis, but our team can help determine when the last case of abuse occurred and when you must file your claim.

We can also see if an exception applies to your case that would stop the statute of limitations from tolling. For instance, if you were suffering from a mental disability that prevented you from filing a claim or the defendant fled the state, you will likely have additional time to seek justice.