Every state has its own rules and regulations on how long survivors of sexual abuse have to file civil lawsuits against perpetrators and enabling institutions. In Pennsylvania, the sexual abuse statute of limitations has been amended in recent years following an explosive report on abuse by clergy members across the state.

Whether you’re a survivor of child abuse yourself ….abuse, [it is important that you are aware of the statute of limitations because it sets the time period you have to seek justice. In many circumstances in the criminal system, the perpetrator can only be charged within a certain time period after the crime occurs, or the victim reaches a certain age. The same is true in the civil justice system. Victims of sexual abuse are only given the opportunity to bring a civil lawsuit against the perpetrator or responsible organization within a certain time after the abuse, or until they reach a certain age.

Current Statute of Limitations in Pennsylvania

Prosecutors cant file charges after the SOL expires, nor can civil lawyers file a lawsuit Meanwhile, if a victim misses the deadline set by the statute of limitations for filing a lawsuit, the case would likely be dismissed.

In Pennsylvania, there are different statutes of limitations for sexual abuse depending on the type of legal action and the age of the victim. For most civil lawsuits, victims who were sexually abused before they turned 18 years of age have until their 55th birthday to file. For those sexually abused between the ages of 18 – 24, they have until their 30th birthday to file a lawsuit. Adults, or those sexually abused after age 25, must file a lawsuit within two years of the sexual abuse. There are some exceptions to these statutes, including for sex trafficking victims and victims who could not have discovered their abuse, so it is important to consult….These recent changes to the statute of limitations came in 2019, which also brought about the elimination of immunity for state and local governments responsible for sexual abuse (maybe link this to another article). That means institutions like schools and state agencies can now be sued in Pennsylvania if their negligence caused sexual abuse. It’s important to consult an experienced sexual abuse attorney to determine the deadline for your case.

Criminal charges are not filed by survivors themselves. Instead, prosecutors file charges if they determine there’s enough evidence to prove a crime may have occurred. For adult victims of sexual assault, the criminal statute of limitations for filing charges is 12 years from the assault. There is no statute of limitations in Pennsylvania for most types of child sexual abuse, meaning offenders can be prosecuted at any time.

Enacted Legislation

Prior to November 26, 2019, the Pennsylvania statute of limitations for civil sexual abuse lawsuits was two years for those over age 18. For child sexual abuse cases, victims had until their 30th birthday to file. These deadlines changed when lawmakers enacted Act 87 of 2019, which extended the civil statute of limitations for child sexual abuse victims, allowing victims to file civil suits until they turn 55. For individuals sexually abused between the ages of 18 and 24, the new law enables them to file a civil lawsuit until they turn 30. Adults 25 and older still only have two years to file a civil lawsuit over sexual abuse.

However, Act 87 is not retroactive, so the new law only applies to abuse occurring after 2019. Anything earlier still falls under the previous statutes of limitations.