Delaware Child Sexual Abuse & Assault Statute of Limitations - Murphy & Landon Law Firm

Understanding the legal framework surrounding child sexual abuse and assault can be daunting, especially when facing the emotional and psychological aftermath of such traumatic events. At Murphy & Landon, our commitment is to guide you with empathy, clarity, and expertise. In Delaware, it's essential to know the statute of limitations that governs these heinous acts, as it impacts your ability to seek justice. This guide will provide a comprehensive overview of the statute of limitations in Delaware for child sexual abuse and assault.

Phil Edwards, Esq.
Sexual Abuse Attorney

Murphy & Landon
1011 Centre Rd # 210,
Wilmington, DE 19805,
United States

Defining the Statute of Limitations

Before diving into specifics, it's crucial to understand what a statute of limitations is. It is a legal rule setting the maximum time after an event within which legal proceedings may be initiated. For victims of child sexual abuse or assault, this period determines how long they have to file a lawsuit against their abuser or the institution responsible for the abuse.

Delaware’s Updated Laws on Child Sexual Abuse and Assault

Recent legislative changes in Delaware have broadened the rights of survivors, recognizing the long-lasting effects of abuse and the time it often takes for victims to come forward. As of our last update:

• Child victims of sexual abuse now have until the age of 38 to file a lawsuit, providing more time than many other states.
• Delaware has removed the statute of limitations for criminal prosecution of those who sexually abuse children. This means that, regardless of how much time has passed, an abuser can be prosecuted criminally.
• There are provisions in place for those who might have missed the previous deadlines, allowing them a window to bring forth their claims.

Civil vs. Criminal Cases

It's vital to differentiate between civil and criminal cases. While the state prosecutes criminal cases, individuals initiate civil suits. The primary goal of a civil case is compensation, whereas a criminal case aims for the perpetrator's punishment.

Why the Statute Exists

Though it might seem limiting, statutes of limitations are in place to ensure evidence integrity and fairness in the legal process. Over time, evidence can degrade, memories can become less reliable, and witnesses may become unavailable.

Coming Forward: Challenges and Considerations

Murphy & Landon recognize the immense courage it takes for survivors to come forward. Factors like shame, fear, and societal pressures can often delay disclosures. We urge victims and their families to speak to a professional, both for emotional healing and to understand their legal rights.

How Murphy & Landon Can Help

If you or a loved one have been a victim of child sexual abuse or assault in Delaware:

1. Confidential Consultation: Your story is safe with us. Our dedicated team ensures your privacy and dignity throughout the process.
2. Expertise in Delaware Law: Our seasoned lawyers stay updated with the latest legislative changes to offer accurate guidance.
3. Empathetic Approach: We understand the emotional and psychological toll of abuse. Our team handles each case with the utmost sensitivity.
4. Navigating the Legal Terrain: From gathering evidence to representing you in court, we're with you every step of the way.

The journey to justice after child sexual abuse or assault can be complex and emotionally taxing. However, with the right legal team, the path becomes clearer. Murphy & Landon Law Firm is dedicated to helping survivors in Delaware hold their perpetrators accountable and seek the justice they rightfully deserve. If you have questions about the statute of limitations or any other concerns, please reach out to us for guidance and support.

If you need legal aid, please visit Murphy & Landon law firm website and see for yourself what clients have to say about them.