But still falls short of what is truly needed for survivors of sexual abuse.
When Congress or state legislatures so often tell survivors of sexual violence to hurry up or lose their chance at justice, you know the deck is stacked. In Wisconsin, the newly proposed bill signals meaningful reform but also reveals just how much farther we must go.
What the Bill Would Do in Wisconsin
In Wisconsin, current law puts a 10-year statute of limitations on prosecuting a second-degree sexual assault. Under the proposed bill, that window would be extended to 20 years for second-degree sexual assault.
Importantly:
- The most serious offenses, first-degree sexual assault (which includes use of a weapon, multiple perpetrators, or “great bodily harm”), already have no time limit in Wisconsin.
- The bill also includes other reforms: tenants who are victims of sexual assault or stalking can break their lease more easily, and a landlord must change locks at the victim’s request.
- The bill would also shield someone reporting a sexual assault from prosecution for related misdemeanor drug or alcohol charges (e.g., underage drinking) that may have arisen during the assault.
What this means for survivors:
- A survivor of second-degree sexual assault in Wisconsin would have up to 20 years instead of 10 to report the assault for criminal prosecution.
- The reforms reduce legal fear factors: the changes to the lease law and the drug/alcohol immunity provision help remove barriers survivors face when coming forward.
- The law sends a message: the state is acknowledging that delayed disclosure is real and forensic/technological advances (DNA, cellphone data) mean older cases can still yield evidence.
Why This Is Meaningful But Not Enough
This is a step in the right direction. Extending the limit from 10 to 20 years gives many survivors more room. And for survivors in Wisconsin whose trauma has silenced them for decades, this may open a door previously closed.
But let’s be very clear: delaying justice is not justice. The standard we should aim for is no statute of limitations on both criminal and civil claims of sexual assault and abuse because we know how disclosure works, we know how trauma works, and we know how the myth of “too much time has passed” is used to halt accountability.
The Reality of Delayed Disclosure
- While it might seem intuitive that survivors will speak out right away, the research says otherwise. Delayed disclosure is common. One study found the average age at which survivors of childhood sexual abuse disclose their experience is about 52 years old.
- Many survivors never disclose what happened until decades later, if ever.
- The reasons? Shame, fear of retaliation, disbelief, family or institutional pressure, memory suppression, brain and body survival mechanisms.
Given this reality, a 10- or even 20-year limit simply doesn’t align with how survivors actually come forward. Many will already be beyond that window by the time they are ready to report.
The Myth of Memory Loss or Evidence Loss
Opponents of eliminating statutes of limitations often argue: “Too much time has passed or memories fade, evidence is lost, witnesses gone.” That’s a misnomer.
- Forensic science (DNA, digital records, cell-phone metadata, video surveillance) has advanced dramatically, meaning assaults committed years ago can still be investigated. Consider the bill in Wisconsin pointing this out.
- Trauma survivors frequently remember details not always in chronological order, sometimes suppressed for years until safe to come forward. The fact that disclosure is delayed does not mean no memory or no evidence.
- Older cases are not automatically weaker cases. The focus should be on the perpetrator’s conduct, not on punishing the survivor for trauma or delay.
Comparing Wisconsin’s Reform to Other States
- Some states have already moved to no criminal statute of limitations for certain sexual crimes. For example, as of 2021, Iowa became the 14th state to eliminate the statute of limitations for sexual abuse crimes committed against minors.
- Others have eliminated civil statutes of limitations for child sexual abuse; for instance, Maryland passed legislation in 2023 that repealed limitation periods for child sexual abuse lawsuits.
- According to one state-by-state comparison, while several states provide “no limit” for criminal sexual assault prosecutions or provide “DNA exception” provisions, many states still limit civil suits to a few years or decades.
Therefore, Wisconsin’s proposal (20-year window) is notable progress, but compared to jurisdictions that have removed time limits entirely, Wisconsin still has more work to do.
What Survivors and Advocates Should Know
- If you were assaulted in Wisconsin, this proposed change could mean you have up to 20 years to report a second-degree sexual assault for prosecution.
- If you are considering a civil case, be aware: extending the criminal window is only part of the story; the civil statute of limitations also matters (and often has different rules).
- Don’t believe the myth that because time has passed, you “can’t remember” or it’s “too late.” Many survivors disclose decades later; many cases are still viable due to modern forensic tools.
- Advocate for the standard: No statute of limitations on both criminal and civil claims. Justice delayed should not become justice denied.
- Consult an attorney experienced in sexual assault/abuse cases. Time limits vary by state, crime, and specific facts, but delaying consulting counsel could be risky.
A Call to the Wisconsin Legislature and to Survivors
To the legislators in Madison: this bill is meaningful, yes, but you have an opportunity to make a bolder change. As long as time limits persist, survivors who disclose at age 40, 50, 60, or later remain barred. That’s unacceptable.
To survivors: your voice matters. Even if time has passed, the legal landscape is shifting. Whether or not you can bring a claim depends on the law in effect and the facts of your case, so reach out and get advice. You don’t have to carry the burden alone. You should not need a calculator and calendar to determine your rights.
How We Can Help
The proposed Wisconsin bill sends a message: survivors of sexual assault are not forgotten; delayed disclosure is real; time should not be the enemy of justice. But the message is incomplete. Until Wisconsin commits to no statute of limitations on sexual assault in both criminal and civil contexts, a significant number of survivors will still face legal barriers. Progress is important. But so is completeness.
At Andreozzi + Foote, we stand with survivors. We believe time should never silence accountability. If you or someone you care about is facing sexual violence, delayed disclosure, or is unsure of deadlines, we’re here to help. Contact us because your courage deserves justice, not a ticking clock. 1-888-753-5458