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 childhood sexual abuse yourself or the parent of a child who has experienced abuse, the Pennsylvania child sexual abuse statute of limitations matters for your recovery. Statutes of limitations can affect how soon someone chooses to disclose abuse, and may encourage survivors to hold the institution that failed to protect them accountable. Filing a civil sexual abuse lawsuit can not only result in accountability for the responsible parties but also a sense of closure and a path to healing for survivors.
Current Statute of Limitations in Pennsylvania
The statute of limitations sets the legal deadline for filing criminal charges or civil lawsuits. Prosecutors cannot file charges after the time set by the statute of limitations expires. 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. In civil lawsuits, survivors of sexual abuse that occurred when the victim was 25 or older must file their claim within two years of the abuse. Victims who were between 18 and 24 years old have until their 30th birthday to file. Survivors of childhood sexual abuse have until their 55th birthday to file a lawsuit. There are some exceptions to these statutes based on the evidence available and how long it took the victim to realize abuse occurred, so it’s important to consult an 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.
Recent Legislative Changes Impacting Statute of Limitations
Though Pennsylvania has followed other states in extending the general statute of limitations for child sexual abuse in recent years, it has not yet enacted a revival window for previously time-barred claims, which states like New Jersey, California, and New York have. Under Pennsylvania law, this would require a constitutional amendment, which would need to pass two separate legislative sessions before being placed on the ballot for voters to decide.
Enacted Legislation
Before 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.
Pending Legislative Efforts
In the years since Pennsylvania’s 2018 grand jury report on abuse in the Catholic Church, legislative attempts to further extend the statute of limitations for sexual abuse and create a lookback window for previously time-barred claims have repeatedly stalled. The Pennsylvania legislature has introduced several bills to remedy this, including a constitutional amendment proposal and a statutory reform proposal, but without success. These include the following:
- House Bill 963 (2019-2020): HB 963, titled The Pennsylvania Childhood Sexual Abuse Retroactive Lawsuits for Two-Year Period Amendment, was first introduced in the 2019-2020 legislative session. This legislation would have amended the Pennsylvania constitution to create a two-year lookback window for survivors to file civil child sexual abuse lawsuits that would have otherwise been time-barred. Despite passing both the state House and Senate, the ballot measure was not properly advertised, so the initiative failed. The bill was introduced again in 2021 but has been bogged down in political squabbles.
- Senate Bill 540 (2019-2020): SB 540 was a statutory reform proposal introduced in 2019 to fully eliminate the statute of limitations for sexual offenses and open a two-year lookback window. However, the bill did not make it past the Pennsylvania Senate.
Can You Still File a Lawsuit for Abuse That Happened Years Ago?
In some cases of sexual abuse—especially those involving child victims—a legal principle called the discovery rule applies, meaning the statute of limitations does not begin running until after the victim realizes they were abused.
There are other exceptions to the statute of limitations as well, including for disabled individuals who lack the legal capacity to file suit.
Even if you believe your claim may be time-barred, it’s a good idea to consult with a Pennsylvania sexual abuse attorney to assess your eligibility.
Why It’s Important to Act Quickly
When pursuing justice for sexual abuse, it’s important to act quickly—not just so you don’t miss the filing deadline, but also to have the best chance of preserving evidence and the memories of any witnesses. Though you may not feel emotionally ready to file a civil lawsuit, doing so as soon as possible is the best option for holding negligent parties accountable.
Many people fear reporting abuse to police or contacting an attorney, especially if the abuse occurred years ago in childhood. However, with an experienced, compassionate sexual abuse attorney by your side, the process can be far less overwhelming.
Contact Andreozzi + Foote Today to Learn More
As one of the nation’s leading law firms representing survivors of sexual abuse, Andreozzi + Foote’s attorneys have successfully litigated some of the highest-profile sexual abuse cases over the last 15 years. We have spent decades thoroughly researching and engaging state laws and procedures in Pennsylvania to help you and your family determine if you have a case against the institution responsible for enabling the abuse. Led by expert trauma-informed lawyers, Andreozzi + Foote is committed to creating life-changing results for victims and their families.
If you or a loved one has experienced sexual abuse in Pennsylvania—even if it was years ago—Andreozzi + Foote is here to help. With an exclusive focus on sexual abuse cases, we are the only legal team that has taken sex abuse cases to trial in the western, central, and eastern regions of Pennsylvania. We offer free, confidential consultations to provide compassionate guidance on your rights and legal options.
Contact us today online or by calling 866-311-8640.
