Survivors of sexual abuse, often referred to as sexual battery in Florida, usually face enormous emotional and practical challenges when considering taking legal action. One of the most important steps toward justice is understanding the statute of limitations, or the legal deadline that determines how long you have to file a claim. These time limits can make the difference between having your case heard and losing the right to seek compensation.
Andreozzi + Foote’s team of trusted Florida sexual abuse lawyers is here to guide you through this process with compassion and clarity. Our firm’s practice areas focus exclusively on helping survivors and their families hold institutions accountable and pursue justice. Our trauma-informed attorneys can explain your options, protect your rights, and give you the confidence to move forward when you’re ready.
What Is the Statute of Limitations in Florida
Statutes of limitations establish the legal deadline for filing a lawsuit or bringing criminal charges. This deadline encourages timely filings while evidence is still available, witnesses’ memories are clearer, and records are recoverable. These timelines are meant to bring cases forward efficiently, but can often leave victims seeking justice confused about deadlines, especially in sexual abuse cases.
In Florida, the statute of limitations isn’t one-size-fits-all. It can vary based on the survivor’s age at the time of abuse, when the abuse was discovered, and whether the case involved a public entity or institution. Since these rules can change based on circumstance, talking with a Florida sexual abuse lawyer early can help you understand the deadlines that apply to your case and protect your right to pursue accountability.
Criminal vs Civil Statute of Limitations for Sexual Abuse in Florida
Sexual abuse cases can move forward in two separate systems: the criminal justice process and a civil lawsuit. Each path has its own purpose—criminal charges seek to punish the abuser, whereas civil lawsuits aim to make the victim whole with compensation for their losses. Thus, they have different rules and deadlines.
Criminal Sexual Abuse Charges
Criminal sexual abuse charges are filed by prosecutors. Florida’s criminal filing deadlines vary based on the nature and severity of the offense and the victim’s age at the time of the incident. Some crimes have no statute of limitations, including sexual battery on a victim under 12, sexual battery committed with a deadly weapon, and human trafficking.
Certain other first-degree felonies have a four-year statute of limitations. A three-year statute of limitations applies to unlawful sexual activity with minors, with the deadline beginning when the victim turns 18. Timing can also be impacted by factors like when the accused is identified, the availability of DNA evidence, or whether the accused is out of state.
Civil Sexual Abuse Cases
In civil court, the survivor brings a lawsuit to seek accountability and compensation, which may be pursued against the individual wrongdoer and the institutions that enabled the abuse. Most civil cases for assault or battery have a four-year deadline, while cases based on negligence have a two-year deadline. However, there are exceptions for sexual abuse cases.
There is no statute of limitations for victims who were under 16 at the time of sexual battery. For other civil claims based on child sexual abuse, there are several significant deadlines. Victims may file seven years after turning 18, four years after leaving the dependency of their abuser, or four years after discovering the injuries and their connection to the abuse.
Pursuing Justice for Sexual Abuse in Florida
Florida’s statutes of limitations are complex and subject to frequent updates. For compassionate guidance, aggressive representation, and help gathering evidence in sexual abuse cases, consult an experienced sexual abuse attorney at Andreozzi + Foote. Together, we can fight for the safety and rights of survivors.
What Are the Exceptions to the Filing Deadline in Florida?
Florida’s statutes of limitations have exceptions for serious sexual offenses. Thus, the deadlines may be extended or abolished completely. For instance, criminal charges for sexual battery by multiple perpetrators, human trafficking, or sexual battery with the intent to cause serious injury can be brought at any time by prosecutors.
In 2020, the Florida Legislature passed Donna’s Law, which applies to childhood sexual abuse committed on or after July 1, 2020. Donna’s law removes the criminal statute of limitations for prosecuting sexual battery offenses involving victims under 18 at the time of abuse. This applies regardless of the felony degree or when the offense is reported to law enforcement, allowing prosecutors to file at any time.
These exceptions are highly fact-specific and often turn on details like the survivor’s age at the time of abuse, how the offense is charged, what evidence becomes available and when, and whether a public entity or institution is involved.
When Do Extensions for Sexual Abuse Claims Apply?
Florida law recognizes some circumstances that can toll the statute of limitations. Common examples include when the survivor was a minor, when the survivor reasonably discovered the connection between the abuse and their injuries later, when the survivor stopped relying on the abuser for support, when the accused is identified later through DNA, or when the accused conceals evidence, intimidates the survivor, or is out of state.
In criminal cases, certain serious offenses, especially those involving children, may have no filing deadline. For crimes on or after July 1, 2020, Donna’s Law eliminates the criminal statute of limitations for specified child sexual battery offenses. Extensions are not automatic. They depend on specific circumstances and must be proven with evidence.
Contact a Florida Sexual Abuse Lawyer at Andreozzi + Foote
Florida’s statutes and filing rules have been amended numerous times, changing the legal deadlines. The timeline applicable to your situation depends on various factors, making it essential to seek current, Florida-specific legal advice.
You are not alone. Our trauma-informed attorneys create a confidential, supportive space to listen, explain your options, and help you move forward at your own pace. As a firm that focuses exclusively on sexual abuse cases, Andreozzi + Foote brings decades of experience holding individuals and institutions accountable while pursuing life-changing results that allow survivors to take the next step toward healing.
If you have questions about filing a sexual assault claim, our team is here for you. Contact us online or call 866-311-8640 for a free, confidential consultation.