Statute of Limitations on Sexual Abuse Lawsuits in Rhode Island

Sexual abuse might occur at any time in a person’s life, including during childhood. If you were injured by an abuser, you have the right to sue them for your injuries. However, doing so is often difficult, as many victims of sexual abuse have a hard time coming forward with their claims. While taking time is normal and reasonable, you should be mindful of the statute of limitations.

Generally, a plaintiff has 35 years from the day they turn 18 (i.e., until age 53) to file a claim. However, many victims do not remember the abuse for many years, or they do not realize the abuse is the cause of their injuries. In such cases, plaintiffs have 7 years from the date they discovered the abuse if that takes them past age 53. Building a case like this can be challenging, especially if you waited many years to come forward. Evidence might be missing, and witnesses might be long gone. Even so, our legal team can help you fight for justice.

Call The Law Office of Andrew Shubin at (814) 826-3586 and ask our Rhode Island sexual abuse lawyers for a free review of your claims.

How Long You Have to File a Civil Lawsuit for Injuries from Sexual Abuse in Rhode Island

In Rhode Island, the statute of limitations on civil claims for childhood sexual abuse varies based on the circumstances. According to R.I. Gen. L. § 9-1-51(a)(1), claims against perpetrator defendants – which include people who actually committed or participated in the abuse – must be filed no later than 35 years after the abuse. This limitation period is tolled for minors, meaning their 35-year time limit does not begin until the day they turn 18. Put another way, victims of childhood sexual abuse have until age 53 to file a civil lawsuit.

For some, a different limitation period might apply. The law carves out a “discovery rule” for potential plaintiffs. Under this rule, you may have 7 years from the date you discovered or realized the abuse happened. This might sound strange, but it is a common issue among survivors of abuse. Young victims often block out painful memories and do not recall the abuse until they are adults. You may have 7 years from the date of discovery, even if it puts you past the 35-year time limit.

According to § 9-1-51(a)(2), the same limitations apply to claims filed against non-perpetrator defendants. This may include schools, churches, employers, and others who might have negligently caused or allowed the abuse to occur but did not actually commit the abuse themselves.

If your claim against a perpetrator defendant was previously time-barred, our Rhode Island sexual abuse lawyers can help you file it within the above-mentioned time limits. The same does not apply to claims against non-perpetrator defendants.

How to Calculate Your Time Limit in a Lawsuit for Sexual Abuse in Rhode Island

Determining when your limitation period begins can be challenging, as many plaintiffs are unsure when exactly the abuse started or ended, especially if they were very young at the time. Under R.I. Gen. L. § 9-1-51(b), a plaintiff does not need to establish which act of abuse in a series of acts of abuse caused their injuries. This is a common issue in cases of childhood sexual abuse. Many victims are abused starting at a young age, and the abuse often lasts for years. It is normal for victims to come forward knowing they have been abused and injured but unsure of exactly when it all began. The law allows plaintiffs to compute their limitation period starting from the most recent act of abuse.

As said, victims of childhood sexual abuse have 35 years from the day they turn 18. The statute of limitations is tolled for minors until they reach adulthood. So, if you were abused when you were ten, you still have 35 years from your 18th birthday to take action.

The 7-year discovery window can be a little more difficult to calculate. Exactly how does one “discover” they were abused, anyway? It is not unusual for victims of childhood sexual abuse to suppress memories of the abuse. Many do not realize the abuse until they are adults working through therapy or a parent or other family members decide to inform them of the abuse. Some victims are so young when the abuse occurs that they cannot possibly remember it. Discuss with your lawyer about when you began recalling the abuse. The sooner you get started, the better.

Finding Evidence to Support Sexual Abuse Claims in Rhode Island

Your testimony might be extremely important if we have trouble coming up with other evidence. In many cases, the plaintiff’s testimony is the key piece of evidence, especially if they have clear memories of the abuse.

Did others know about the abuse? If so, they may be able to testify as witnesses. Is anyone from the time you were abused still around? For example, abuse from a teacher might have been handled by the school or even the Department of Education. There might be records related to an investigation, or other people might be willing to testify about what they remember.

Was the abuse ever reported to anyone? If you have previously filed a complaint about the abuse, we need any records of the complaint from the authorities. If you were treated for injuries from the abuse, your medical records might be important.

Finding evidence in cases like these can be challenging, especially if you had to wait many years before finding the strength to come forward. However, this does not mean we should give up. Talk about everything you remember with your attorney, and do not leave out any details. If evidence of the abuse still exists, we will help you find it.

Contact Our Rhode Island Sexual Abuse Lawyers for Help Today

Call The Law Office of Andrew Shubin at (814) 826-3586 and ask our Rhode Island sexual abuse lawyers for a free review of your claims.