Childhood Abuse Deadlines: What an Attorney Can Check

Deadlines for childhood abuse depend on the state, the kind of abuse and when it happened. Some states have no limit for sexual abuse. An attorney can check your dates.

Is there a deadline for a childhood abuse claim?

Usually there is, but it depends on the state and the kind of claim. Some states give decades to file, and a few have no limit for childhood sexual abuse. An attorney can check which rule applies to you.

A federal court guide says the time limit depends on the law involved or the kinds of claims raised. It says finding it takes legal research.

Our main guide gives two examples, Virginia and Maryland. This page adds others and explains what can change the date.

How do some states treat childhood sexual abuse?

Some have no time limit. California has none for childhood sexual assault that happened on or after January 1, 2024. That includes claims against a person or group that was supposed to keep the child safe, if their careless acts helped cause the abuse.

For abuse in California on or before December 31, 2023, the time limits that were in the law on December 31, 2023, still apply. An attorney can check how they fit your dates.

California also requires extra papers, called certificates of merit, from people who file at age 40 or older.

Texas allows 30 years from when the claim arises for injuries from certain kinds of child sexual abuse that the law treats as crimes. Texas also does not count the time while a person is under 18.

What if the abuse was physical or emotional, not sexual?

The time limit can be much shorter. In California and Texas, the usual limit for an injury claim is two years. Both states usually do not count the time while the person was under 18.

If you were harmed in more than one way, each kind of claim may have its own time limit. Tell an attorney everything you feel able to share, so they can check each one.

What if a state or county ran the program?

Different rules can apply. In California, most injury claims against an agency must first be sent to it within six months. Many child sexual assault claims skip that step, such as claims against a city or county.

California’s rule that stops the clock for minors also does not apply to claims that must first be filed with a public agency. That is one reason who ran the program matters for the date.

An attorney can check the notice rules for the state where the program was.

What can change when my deadline starts or ends?

Your age at the time, the state, the kind of abuse and who ran the program can all change it. Laws also change over time. An attorney can look at all of these together.

In Texas, the 30-year count starts when the claim arises, and time before age 18 is not counted. In California, the no-limit rule turns on the date of the abuse, not the date you file.

If you were sent to a program in another state, an attorney may need to look at more than one state’s rules. Give them both states.

What if a lot of time has passed?

Please do not rule yourself out. Maryland, for example, now has no time limit for child sexual abuse, even if it was long ago. Rules change, so a lawyer can check before you decide.

This page does not say whether time has run out for anyone. Only a review of your own dates and state can answer that.

Which dates should I gather for an attorney?

Write down your date of birth and the dates you were in the program. Note the state where it was, and where you live now. Add when you first told anyone, and any dates of reports or treatment.

Our records page explains how to ask for treatment and licensing records that can help pin down these dates.

What happens when I ask for a date check?

An attorney can review your dates with you and say which rules may apply. Asking is not the same as filing a case. Get any fee terms in writing first.

Under the ABA’s model rule, a fee based on a recovery must be in a writing you sign. It must list any costs you would owe even if you do not win.

Thinking about these dates can bring up hard memories. RAINN’s hotline is free and confidential, day or night: call 800-656-4673 or text HOPE to 64673.