Sexual abuse survivors often face significant barriers to justice, not only emotionally and psychologically, but also legally. One of the most critical legal barriers is the statute of limitations—the time period in which survivors can file civil or criminal claims. Each state in the U.S. sets its own rules, and these can vary widely in terms of time limits, retroactivity, and the treatment of minors.
Understanding how state laws differ can help survivors, advocates, and legal professionals navigate these complex issues. Here's a closer look at how California, Colorado, and New York handle sexual abuse claims.
California: A Progressive Approach with Expansive Timeframes
California has emerged as a national leader in reforming laws around sexual abuse. The state has extended its statutes of limitations considerably in both civil and criminal cases, particularly for childhood sexual abuse.
Civil Claims
California's statute of limitations for child sexual abuse was significantly changed by the Child Victims Act (AB 218), which took effect in January 2020. Under this law:
- Survivors can file civil lawsuits until age 40, or within 5 years of discovering the abuse caused harm—whichever is later.
- AB 218 included a three-year "lookback window" (ending in December 2022), during which survivors of any age could file claims regardless of when the abuse occurred.
- Institutions that enabled abuse can be held liable, increasing institutional accountability.
For adult survivors of sexual assault, California provides a 10-year window to file civil claims, or 3 years from the date of discovery of harm, whichever is later.
Criminal Claims
California has eliminated the statute of limitations for many criminal sexual abuse cases, especially those involving minors. For certain offenses, charges can be filed at any time, reflecting the recognition that trauma often delays reporting.
Colorado: Recent Changes Favor Survivors but With Limits
Colorado has taken important steps to address sexual abuse, especially with the passage of legislation in 2021 that marked a shift in how the state supports survivors.
Civil Claims
The Child Sexual Abuse Accountability Act (SB 21-88), effective January 1, 2022, allows:
- Civil lawsuits for sexual misconduct against minors at any time, with no statute of limitations moving forward.
- A lookback window for claims of child sexual abuse dating back to January 1, 1960, provided the abuse occurred in a “youth program” or similar institutional setting.
However, the law has faced legal challenges over its retroactive application. As of 2024, Colorado courts have limited the law's retroactivity, meaning that many past cases cannot proceed unless further legal or legislative changes occur.
Criminal Claims
For criminal cases:
- Colorado has no statute of limitations for certain sexual offenses against children.
- For adult victims, the statute of limitations varies depending on the severity of the crime. For example, there is no time limit for first-degree sexual assault, while other crimes may carry a 20-year limit.
New York: Aggressive Reform Through Lookback Windows
New York has made some of the most aggressive moves in the nation to reform its sexual abuse laws, with a particular focus on giving survivors a chance to sue institutions like churches, schools, and youth organizations.
Civil Claims
The Child Victims Act (CVA), signed into law in 2019, changed the game:
It extended the time survivors can sue until they are 55 years old.
Most significantly, the CVA introduced a two-year lookback window (August 2019 to August 2021), allowing survivors of any age to bring forward civil claims previously barred by the statute of limitations.
The momentum from the CVA led to the Adult Survivors Act (ASA), enacted in 2022:
It provided a one-year lookback window (ending in November 2023) for adult survivors of sexual assault to file civil lawsuits, regardless of how long ago the abuse occurred.
Criminal Claims
New York has:
- No criminal statute of limitations for first-degree sexual offenses (including rape and certain assaults against children).
- Extended the timeframes for other sex crimes, particularly those involving minors.
These changes demonstrate New York’s commitment to acknowledging the long-lasting effects of sexual abuse and offering survivors a meaningful chance at justice.
At The Zalkin Law Firm, P.C., we understand the immense courage it takes to come forward after experiencing sexual abuse. Navigating the legal system can be overwhelming, especially when dealing with complex state laws and strict filing deadlines. That’s where we come in.
With decades of experience representing survivors across California, Colorado, New York, and beyond, we are committed to guiding you through every step of the legal process with compassion, discretion, and determination. Whether you're exploring a civil lawsuit, seeking justice through a lookback window, or simply need answers about your legal rights, we’re here to help you make informed decisions and fight for the accountability and healing you deserve.
Contact us today to schedule a free consultation with our team.
