Statute of Limitations on Sexual Abuse Lawsuits in North Dakota

Civil claims for sexual abuse are often difficult to navigate because so many plaintiffs wait for years before coming forward with their claims. Waiting for so long might lead to lost evidence, making it harder to prove your case. Not only that, but there is a strict time limit on how long you can wait before you lose your right to sue. It is best to speak with a lawyer about it as soon as possible.

Filing a sexual abuse claim can be an extremely emotional and tumultuous experience, but it might be your only chance at justice. The statute of limitations for civil sexual abuse cases in North Dakota is a mere 9 years for those who suffered abuse as adults and 21 years for those who experienced childhood sexual abuse. Exactly when these limitation periods start depends on your case. Even with such long limitations, at least compared to other statutes, it is still not enough time for many victims.

If you were sexually abused at some point, call our North Dakota sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586 for a free case assessment.

How Long Plaintiffs Have to File Civil Claims for Sexual Abuse in North Dakota

Some states have expanded their statutes of limitations to allow victims more time to file civil lawsuits for sexual abuse. Many abuse victims were unable to file claims because limitation periods were not long enough. It is not uncommon for abuse victims to wait until they are in their 40s, 50s, or older to talk about what happened to them.

Plaintiffs Abused as Adults

Sexual abuse may occur at any time in someone’s life, including during their adult years. If you suffered sexual abuse while at least 18 or older, you may only have 9 years from the date of the abuse to file a civil lawsuit, according to N.D. Cent. Code § 28-01-25.2. This might seem like more than enough time to contact our North Dakota sexual abuse lawyers, collect evidence, build a case, and file a lawsuit, but do not be deceived. It is common for abuse victims to wait decades before talking about the abuse. Many more never come forward.

Plaintiffs Abused a Children

Unfortunately, many people who experienced sexual abuse did so when they were children. Because minors cannot always take legal action on their own, and they are often threatened into silence by their abusers, the law applies differently to their cases. In North Dakota in 2023, Senate Bill 2292 also expanded the statute of limitations for minor victims of sexual abuse.

According to § 28-01-25.1, people who were sexually abused as minors have 21 years to file civil claims against those responsible for the abuse. According to subsection (2), this limitation period would not begin until the victim is at least 15 years old. For victims younger than 15 at the time the abuse occurred, the limitation period may be tolled until they reach the age of 15. Put another way, victims of childhood sexual abuse have until they turn 36 to file a civil lawsuit for damages.

Additionally, under subsection (4), the plaintiff in a case for childhood sexual abuse does not have to establish the precise act of abuse that caused their injuries if the abuse was part of a continuous series of sexually abusive acts by the defendant.

The newly expanded law also comes with a lookback window for people whose claims might have already expired. The window allows people with expired claims to file them, but only until August 1, 2025. If you believe your claim is time barred, talk to a lawyer to see if you can file using the lookback window.

Who You Can Sue for Sexual Abuse in North Dakota

Another important factor that might affect how much time you have to file a civil claim for sexual abuse is the identity of the defendant. While many plaintiffs sue a person who abused them, many others sue the institutions and organizations that employed the abusers, like a school or church.

Individual People

People are often abused by someone close to them and their family, like another relative, a family friend, a neighbor, or another adult who is in your family’s inner circle. An adult victim might have been abused by a romantic partner or even a close friend. In such cases, you may sue the individual directly, and the above time limits may apply. This can be incredibly difficult, especially if the abuser is someone close to your friends and family. Victims often fear not being believed and being accused of lying.

Public Schools

Schools are often implicated in sex abuse cases involving minors, and it is not unusual for plaintiffs to file claims against schools. If you were abused by someone working for a public school, the law becomes even more complex, as public schools are governmental entities, and teachers and other staff are considered state employees.

Normally, under N.D. Cent. Code § 32-12.2-04, a person suing the state government for injuries caused by a state government employee has only 180 days from the day of the injuries to submit a notice of the claim to the appropriate government agency. This is an extremely tight time limit, especially for victims of sexual abuse, who often wait years before they are comfortable coming forward.

However, the rules are different for cases involving sexual abuse. Under subsection (c) of the same statute, the notice requirement is waived in cases of sexual abuse, gross sexual imposition, or other claims based on sexual acts. This means you are not bound by the very narrow 180-day time limit.

Churches

In recent years, news stories about sexual abuse in churches have come to light, and many victims of abuse at the hands of church leaders have come forward across the country. Remember, churches and other religious organizations are private entities and may be sued the same as any other private entity. This includes private parochial schools, which are not governmental entities.

Speak to Our North Dakota Sexual Abuse Lawyers for Help

If you or someone you know was sexually abused, call our North Dakota sexual abuse lawyers at The Law Office of Andrew Shubin at (814) 826-3586 for a free case evaluation.