Statute of Limitations on Sexual Abuse Lawsuits in Utah

Utah law provides “statutes of limitations” that block lawsuits from being filed after a certain amount of time passes.  This helps ensure that evidence is fresh and that people are not sitting on their right to file, potentially bringing cases years later.  When it comes to sexual abuse, however, people often do not come forward about what happened to them as children until well into the future, creating a need for longer statutes of limitations for sexual abuse.

Utah currently has no statute of limitations for childhood sexual abuse, meaning that new claims have no bar on when they can be filed against the direct perpetrator.  There are also laws that extend the filing deadline for cases that were previously time-barred and special time limits on claims against people who were indirectly responsible for abuse.  Adult victims can sue within 4 years of the abuse occurring.

For a free review of your potential case, reach out to our attorneys for sexual abuse victims in Utah today at The Law Office of Andrew Shubin by calling (814) 826-3586.

Is There a Statute of Limitations on Claims for Sexual Abuse of a Minor in Utah?

Many states have realized that people who were subjected to sexual abuse as minors often do not come forward about what happened to them until well into their 50s.  They may not even realize they were sexually abused until years of therapy, which would take them at least into adulthood.  This would put them well past the statute of limitations for suing for a regular injury, so the Utah legislature did what many states have been doing over the past 10 years: they removed the statute of limitations for sexual abuse of a minor.

This means that, according to Utah Code § 78B-2-308, survivors of sexual abuse who were under 18 when the abuse occurred can sue at any time for what happened to them.  However, there are different rules for when you can sue the direct perpetrator of abuse versus other parties, and our lawyers for victims of sexual abuse in Utah can help you understand how these rules might affect your case.

Suing the Perpetrator

When you sue the direct abuser who sexually assaulted, molested, or sexually abused you, there is no statute of limitations under subsection (3)(a) of the statute cited above.  This is perhaps the most important rule, as it allows the victim to seek justice against the one who actually harmed them.

Suing Non-Perpetrators

Subsection (3)(b) also creates a statute of limitations for a case against a “non-perpetrator” who still intentionally or negligently permitted the abuse to happen.  This could be someone like a bishop who turned a blind eye to abuse by a priest, a principal who allowed a staff member to abuse a child, or even a parent who did not step in to stop their family member from abusing their child.

For lawsuits against these people, the statute of limitations is much shorter, giving the victim until they turn 22 years old in many cases.  If the victim could not discover the abuse that happened to them until after they were 18, then they have 3 years from the discovery of the abuse.

If the lawsuit against these people was already time-barred as of July 1, 2016, then this law gives the victim 3 years from the passage of the law (which has already expired) or until they turn 53 to file.

Statute of Limitations for Sexual Abuse of an Adult in Utah

Many adults are also survivors of sexual abuse, and the law gives them the chance to come forward and seek justice, too.  However, because adults have a better idea of what is happening to them and what is illegal, the statute of limitations is shorter.

For these claims, the normal 4-year statute of limitations that applies to other injury or assault cases would apply instead under Utah Code § 78B-2-307.

There may be other rules that apply to extend the statute of limitations in these cases, especially if the victim suffered from a cognitive disability that might have made it harder for them to understand what was happening or to consent to sexual activity.

When Does the Statute of Limitations Start Running?

Sexual abuse is often ongoing.  The law specifically acknowledges this and states that there is no need to pinpoint a specific instance of abuse of a minor, and that the last instance of abuse can be the one used for computing when the statute of limitations period starts.  There is no specific rule stating this is also the rule for abuse of an adult, but it is a common principle in how statutes of limitations apply to use the final date of harm.

Suing Institutions for Sexual Abuse in Utah

In many cases, sexual abuse is allowed to go on by institutions that should have taken better steps to investigate prior allegations, fire perpetrators, and monitor staff around minors.  Institutions like churches, schools, camps, and other places that care for or teach children have often been involved in litigation, arguing that their actions as an institution make them partially or fully responsible for the victim’s sexual abuse.

Under § 78B-2-308(6), the law says that claims for sexual abuse of a minor can only be filed “against a living individual” meeting specific requirements that they were the perpetrator, someone else criminally responsible, or someone who “negligently permitted” abuse.  The way this statute is written, however, is a bit ambiguous.  It is unclear if it is meant to say you can only sue a living person, not dead people or institutions, or whether it is meant to restrict which “living individuals” can be sued.

In any case, Utah also has very robust immunity laws for schools, government, and other public institutions.  This might make a lawsuit against an institution challenging.  If subsection (6) blocks all lawsuits against institutions, it would also make it hard to sue a church or other private institution.

However, this law still allows lawsuits against individuals who negligently allowed the abuse to go on, such as a bishop who did not investigate a priest’s reported abuse or a camp operator who did not fire a known abuser.

For Help with Your Case, Call Our Lawyers for Sexual Abuse Victims in Utah Today

Call (814) 826-3586 for a free case review with the attorneys for victims of sexual abuse in Utah at The Law Office of Andrew Shubin.