Survivors of childhood sexual abuse may need years - if not decades - before they are ready to come forward. Unfortunately, many states have a short statute of limitations on sexual assault cases, which can make it difficult for survivors of childhood sexual abuse who wish to seek justice for the trauma they endured. Many states, including Michigan, have extended the statute of limitations on sexual assault claims so survivors of childhood sexual assault can file legal claims that otherwise would have been time-barred.

What Is a Statute of Limitations?

The statute of limitations is a law that sets the time period in which someone who was injured must file a legal claim. Statutes of limitations apply to almost all legal claims and are intended to protect defendants from being sued years after an event occurred. When an individual waits too long to file a lawsuit, memories can fade, witnesses can die, and evidence can degrade or disappear. However, the need to protect the defendants’ need for closure must be balanced against the survivors’ right to seek justice and accountability for the wrongs committed against them.

In Michigan, the statute of limitations for most personal injury claims is three years from the date of injury. If the victim was under age 18 when the injury occurred, they have one year from their 18th birthday in which to file a lawsuit. However, different laws apply to legal claims that involve allegations of childhood sexual abuse.

What Is the Statute of Limitations for Childhood Sexual Abuse Cases in Michigan?

Many survivors of childhood sexual abuse have not processed their trauma and are unable to disclose what happened to them until well into adulthood. Under Michigan’s Safe Children Act, the statute of limitations for most childhood sexual abuse claims is the survivor’s 28th birthday.

However, Michigan provides a unique and powerful exception that extends the statute of limitations for individuals who repressed memories of childhood sexual abuse. If a survivor can establish that they repressed the memory of the abuse, the statute of limitations is extended by three years from the date the survivor "discovered" the harm.

The “discovery rule” recognizes that not all injuries are immediately apparent and extends the standard statute of limitations so that the limitations period begins to run not on the date the injury occurred, but on the date the individual discovered or reasonably should have discovered the harm and its likely cause.

To succeed in proving a repressed memory and extending the statute of limitations, the survivor must be able to prove that the memory of childhood sexual abuse was repressed and that they could not have discovered the abuse earlier. This almost always requires expert testimony from a mental health professional. However, the repressed memory exception provides a crucial lifeline for survivors who were unable to recall or understand the childhood trauma until much later in life.

Does Michigan Have a “Lookback Window” for Childhood Sexual Abuse Claims?

Many state laws have created a “lookback window.” These special, temporary filing periods allow survivors of historical childhood sexual abuse to file legal claims that would otherwise have been time-barred.

Unfortunately, Michigan has not followed this path, leaving a significant barrier for survivors who were abused years ago and must contend with Michigan’s short and unforgiving legal deadlines.

Civil Liability for Survivors of Childhood Sexual Abuse

A civil lawsuit allows survivors of childhood sexual abuse to seek financial compensation from their abuser and the individuals who enabled or concealed the abuse. Survivors of childhood sexual abuse may be entitled to financial compensation for:

• The cost of medical and therapy treatment
• Damage to family relationships
• Psychological trauma
• Lost wages
• Pain and suffering

In certain situations, survivors of childhood sexual abuse have been awarded punitive damages, which punish individuals and entities that committed or concealed childhood sexual abuse.

Holding Institutions Accountable for Childhood Sexual Abuse

For survivors of childhood sexual abuse, the path to justice often goes beyond holding the individual abuser accountable and extends to the institution that failed to protect them. In Michigan, in addition to filing a lawsuit against the individual abuser, survivors of childhood sexual abuse can also file a lawsuit against a school, church, youth organization, hospital, or other entity that knew or should have known childhood sexual abuse was occurring but failed to intervene.

Are You a Survivor of Childhood Sexual Abuse? Muth Law Can Help.

Childhood sexual abuse inflicts significant trauma and emotional scars that can last a lifetime. Survivors may be entitled to financial compensation from the individuals and entities responsible for causing them harm.

If you or someone you love experienced childhood sexual abuse, the attorneys at Muth Law can help. We provide advice and legal guidance to individuals who experienced childhood sexual abuse and are proud to seek justice on their behalf.

Contact Muth Law, P.C., Today

Muth Law is based in Ann Arbor and represents injured people in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us to schedule a free, confidential consultation to discuss your hunting accident injury matter.

Call 734-481-8800 or contact us via e-mail. We would be honored to serve you and your family.