Is It Too Late to File a Sexual Abuse Case? Ask a Sexual Abuse Attorney

Understanding the Statute of Limitations in Sexual Abuse Cases

A statute of limitations is a law that sets a deadline for filing a lawsuit. These deadlines exist to encourage timely legal action, but for sexual abuse survivors, they often create significant barriers to justice.

Many survivors do not disclose their abuse right away. They may suppress the trauma, struggle with feelings of shame, or fear retaliation from the perpetrator or an institution that protected the perpetrator. Studies show that it often takes decades for survivors to come forward, yet in many states laws historically required them to take legal action within just a few years (RAINN: https://www.rainn.org/statutes-of-limitations). 

Thankfully, many states, including Oregon, have updated their laws to reflect what we now understand about trauma and delayed disclosure.

In Oregon, the current statute of limitations allows survivors of childhood sexual abuse to file a lawsuit against a perpetrator or against the institution that “knowingly allowed, permitted, or encouraged child abuse” (Oregon State Legislature: https://www.oregonlegislature.gov/bills_laws/ors/ors12.html):

• Until they turn 40 (even if the abuse happened decades ago)
• Or within five years of discovering the impact of the abuse on their mental health or well-being

This “discovery rule” is critical because many survivors do not connect their trauma to long-term effects, such as PTSD, anxiety, or relationship struggles, until much later in life.

For adult survivors of sexual abuse the deadlines can be different, depending on the nature of the case. That’s why it’s important to speak with an experienced sexual abuse attorney who can determine your legal options.

New Legal Changes May Allow You to File a Claim

Even if your case previously seemed ineligible due to expired deadlines, new laws may allow you to file.

Several states have introduced “lookback windows”, special periods during which survivors can file lawsuits, regardless of when the abuse occurred. These reforms acknowledge that many survivors need decades before they are ready to take legal action (National Conference of State Legislatures: https://www.ncsl.org/research/civil-and-criminal-justice/child-victims-act.aspx).

How Lookback Windows Help Survivors

• They temporarily eliminate statutes of limitations, allowing survivors to sue even if their time limit has technically expired.
• They hold institutions accountable for long-hidden abuse within religious organizations, schools, youth programs, and other entities.
• They allow survivors to seek justice on their own terms rather than being forced into rushed legal decisions due to outdated deadlines.

Even if you were previously told your case was too old to file, it’s worth checking again as legal reforms may now give you a second chance.

Exceptions That May Extend Your Deadline to File

Even without new laws, several legal exceptions may extend the statute of limitations in some cases:

1. The Delayed Discovery Rule
   Many states, including Oregon, recognize that trauma can prevent survivors from understanding the full impact of abuse until years later. Under this rule, your time limit may not start until you connect your abuse to emotional or psychological harm, such as PTSD, depression, addiction, or difficulty in relationships.
2. Fraudulent Concealment by an Institution
   If an institution actively covered up the abuse, such as a church, school, youth program, or foster care system (to name a few), then the time limit for filing may be extended. Many survivors were discouraged from coming forward due to threats, intimidation, or misinformation about their rights.For example, some religious institutions have been accused of pressuring survivors to remain silent or handling abuse internally rather than reporting it to law enforcement. If an institution took deliberate actions to hide abuse, a survivor’s legal deadline may be extended as a result.
3. New Evidence Comes to Light
   If new survivors come forward, new documents are uncovered, or previously sealed records are made public, it may allow a case to be reopened.In some cases, legal claims against organizations like the LDS Church, Boy Scouts of America, or Catholic Church have been revived because previously hidden evidence was exposed, showing a pattern of abuse and institutional failure.

Why Filing a Sexual Abuse Case Matters

Even if your abuse happened years or decades ago, filing a lawsuit can have a lasting impact.

• Taking legal action helps increase the likelihood that perpetrators and institutions are held accountable for their actions. Many abusers were shielded by organizations that ignored, enabled, or covered up abuse. Legal action helps expose these failures and prevent future harm.
• It validates your experience. Many survivors struggle with self-doubt, shame, or feelings of powerlessness. Holding an abuser accountable can be an important step toward healing and closure.
• It can provide financial compensation. Survivors often need therapy, medical treatment, and support services. A legal claim can help cover the cost of mental health care and lost income due to the long-term effects of abuse.
• It can drive systemic change. Lawsuits often lead to reforms within institutions that previously failed survivors. Holding schools, churches, and other organizations accountable can help protect future generations. Read more about survivor rights and legal actions at https://www.crewjanci.com/sexual-abuse-crime-victim-rights/

Talk to a Sexual Abuse Attorney Today – It’s Never Too Late to Ask

At Crew Janci LLP, we specialize in representing survivors of sexual abuse. Our legal team fights for survivors in cases involving:

• Religious institutions (LDS Church, Catholic Church, Jehovah’s Witnesses, and more)
• Schools and youth organizations (such as the Boy Scouts and sports teams)
• Foster care systems and group homes
• Juvenile detention centers, including the Oregon Youth Authority (OYA)

No matter how much time has passed, you may still have options under new laws or special exceptions.

• Call us today at (888) 407-0224
• Email us at info@crewjanci.com
• Submit a confidential form here: Crew Janci Contact Page

It’s never too late to explore your legal options. Reach out today for a free, confidential consultation.