Statute of Limitations on Sexual Abuse Lawsuits in Oklahoma

When people want to file lawsuits, they must abide by laws known as statutes of limitations. These statutes impose strict time limits on how long a plaintiff has to file a claim before losing their right to sue. The laws surrounding civil claims for sexual abuse are somewhat complicated, as the time limit may change based on certain factors around your case.

How much time you have to file a claim for sexual abuse depends on how old you were when the abuse occurred. Adults tend to have a somewhat shorter time limit of only 2 years, while people victimized as children may have until the age of 45. Even still, this is not enough time for many victims. You might be in for further challenges if the defendant in your case has passed away. If they were never convicted for the abuse, you might be unable to sue them or their estate for damages. While suing for sexual abuse is arguably difficult, the laws might change in the future.

Get a confidential, initial case review for free from our Oklahoma sexual abuse lawyers when you call The Law Office of Andrew Shubin at (814) 826-3586.

How Much Time You Have to File a Civil Lawsuit for Sexual Abuse in Oklahoma

Coming forward with your claims of sexual abuse can be incredibly difficult, but it is an important step to take on the road to justice and closure. It is normal for victims to wait for a long time, often years or even decades, before speaking to an attorney. One of the first things our Oklahoma sexual abuse lawyers will determine is whether your case is still within the statute of limitations.

Childhood Abuse

According to Okla. Stat. tit. 12, § 12-95(6), plaintiffs who were sexually abused as children have until the age of 45 to file a civil lawsuit for damages against the abuser. Unlike other states, this limitation period only applies when a plaintiff sues a person for the abuse. If you want to sue a larger entity, like the abuser’s employer or some other organization that was connected to the abuse, your timeframe is much tighter.

Suppose the perpetrator of the abuse worked for some institution, firm, agency, or some other public or private legal entity that owed a duty of care to the child. In that case, the lawsuit must be brought against the employer within 2 years of the abuse. This might include a school, daycare, church, or another entity tasked with caring for the child. In such cases, the limitation period may be tolled until the child reaches 18, giving them until age 20 to sue the institution behind the abuser.

These rules can make it difficult for victims to seek justice when abusers have moved away and cannot be located or passed away and can no longer be held accountable for their actions. If the limitation period for suing their employer or other entity expires, the plaintiff might be out of luck. Even so, talk to a lawyer about it.

Abuse from Adulthood

There is no special statute or code that governs sexual abuse claims for victims who were adults when the abuse happened. As such, these claims may fall under the normal statute of limitations for personal injuries, which is only 2 years under § 12-95(3). This is incredibly short, and coming forward with your claims within this time limit might be extremely difficult. If you were recently abused as an adult, you might still be within the statute of limitations. Contact the police and call a lawyer right away, as time is of the essence. If the limitation period has come and gone, you should still talk to a lawyer about other possible legal options.

What Happens if the Person Who Sexually Abused You in Oklahoma Has Passed Away?

Under the same statute mentioned above that governs how long victims of childhood sexual abuse have to file claims, your right to sue might be lost if the perpetrator dies. This might be a very real possibility for people who wait a long time before reporting the abuse. This kind of situation tends to arise when someone very young is sexually abused by someone much older, like an older teacher or church leader. By the time the victim is old enough and ready to report the abuse, the abuser might have long since passed away.

According to the law, victims cannot file civil lawsuits against a perpetrator of sexual abuse after the perpetrator dies unless the perpetrator was convicted of a crime related to the sexual abuse. Remember, the crime for which the abuser was convicted must be for the abuse perpetrated against the plaintiff. If they were convicted of sexual abuse related to an entirely separate incident, you might be out of luck.

A silver lining in all this is the criminal statute of limitations, under Okla. Stat. tit. 22. § 22-152(C)(1), is also until the victim turns 45. This means that the authorities may prosecute someone for sexual abuse up until you turn 45, so there might still be time to report the crime.

The Future of Sexual Abuse Civil Claims in Oklahoma

Some lawmakers have tried to extend or even abolish the civil statute of limitations for sexual abuse claims. They have also tried to adjust the limitations on suing institutions like schools or churches for sexual abuse. These reforms have aimed at allowing victims more time to take legal action and making it harder for abusers to escape accountability. Unfortunately, not all these reforms have succeeded.

While many of these reforms have not come to fruition, lawmakers will likely continue trying. The effort might not be futile, as other states have enacted similar reforms. Some have greatly extended statutes of limitations, while others have abolished them completely. If your limitation period has expired, talk to an attorney about how the law might change. When statutes of limitations are changed, lawmakers often open a “lookback window” that gives people with expired claims a limited amount of time to file their cases and obtain justice and closure.

Contact Our Oklahoma Sexual Abuse Attorneys for Assistance

Receive a private, initial case review for free from our Oklahoma sexual abuse lawyers when you call The Law Office of Andrew Shubin at (814) 826-3586.