Statute of Limitations for Sexual Abuse and Sexual Assault in Washington

The Washington Abuse Guardian: Michael Pfau, Esq.

Michael Pfau, Esq.
Sexual Abuse Attorney

PVCA Attorneys At Law
701 5th Ave #4300,

Seattle, WA 98104

JM39+VQ Seattle, Washington

Current Laws on the Statute of Limitations in Washington

Understanding the statute of limitations for sexual abuse and sexual assault in Washington is crucial for survivors seeking justice. The statute of limitations defines the time frame within which a survivor can file a lawsuit or criminal charges against the perpetrator.

Civil Lawsuits for Sexual Abuse

In Washington, the statute of limitations for filing a civil lawsuit for sexual abuse varies depending on the age of the survivor and the nature of the abuse:

• Childhood Sexual Abuse:
  
  • For survivors of childhood sexual abuse, there is no statute of limitations for incidents that occurred on or after June 6, 2024. This means that survivors can file a lawsuit at any time, regardless of how much time has passed since the abuse occurred.
  • For incidents that occurred before June 6, 2024, survivors have three years to file a lawsuit from the time they discovered the connection between the abuse and their injuries or conditions.
• Adult Sexual Abuse:
  
  • For adult survivors of sexual abuse, the statute of limitations is generally three years from the date of the abuse or from the date the abuse was discovered. This means that survivors must file their lawsuit within three years of realizing that their injuries or conditions were caused by the abuse.

Criminal Prosecution for Sexual Assault

The statute of limitations for criminal prosecution of sexual assault in Washington varies based on the severity of the crime and the age of the victim:

• Rape in the First Degree:
  
  • The statute of limitations is 20 years for adult victims.
  • There is no statute of limitations if the victim was under the age of 16 at the time of the crime.
• Rape in the Second Degree:
  
  • Similar to first-degree rape, the statute of limitations is 20 years for adult victims.
  • There is no statute of limitations if the victim was under the age of 16.
• Rape in the Third Degree:
  
  • The statute of limitations is 10 years, regardless of the victim's age, unless the victim was 14 years old or younger, in which case there is no statute of limitations.
• Rape of a Child:
  
  • There is no statute of limitations for the rape of a child, meaning that criminal charges can be filed at any time, regardless of how much time has passed since the crime occurred.
• Child Molestation and Sexual Misconduct:
  
  • There is no statute of limitations for child molestation charges.
  • For first-degree sexual misconduct with a minor, there is no statute of limitations.
  • For second-degree sexual misconduct with a minor, the statute of limitations is three years.

Discovery Rule

One important aspect of Washington's statute of limitations laws is the "discovery rule." This rule allows the statute of limitations clock to start running only when the survivor discovers, or reasonably should have discovered, that their injuries or conditions were caused by the abuse. This is particularly relevant for survivors of childhood sexual abuse who may repress memories of the abuse or not fully understand the impact of the abuse until many years later.

Seeking Legal Assistance

Navigating the statute of limitations can be complex, especially given the variations based on age and the nature of the abuse. It is highly recommended that survivors seek legal assistance to understand their rights and ensure that they file their claims within the appropriate time frame. A sexual abuse lawyer can provide guidance, manage the details of the case, and work to recover the compensation that survivors deserve.

The statute of limitations for sexual abuse and sexual assault in Washington is designed to provide survivors with the opportunity to seek justice, even if many years have passed since the abuse occurred. Understanding these laws is crucial for survivors to take timely legal action and hold perpetrators accountable. If you or a loved one is a survivor of sexual abuse or assault, consider reaching out to an experienced attorney to explore your legal options and ensure your case is handled with the care and attention it deserves.

For more information on other types of lawsuits such as Massage Envy sexual abuse lawsuits in WA, see our dedicated page.