Did Florida Extend the Statute of Limitations for Child Sex Abuse Victims?
The victims of child sexual abuse deserve justice. For many different reasons, these crimes are often not reported for years or even decades after they occur. A number of different states, including Florida, have put exceptions in place to their civil statute of limitations to help victims get the justice that has too long been denied. Here, our West Palm Beach sexual assault lawyer for victims provides a guide to the statute of limitations in Florida.
Florida Has Extended the Deadline for Certain Civil Claims
Florida law gives many survivors of childhood sexual abuse more time to pursue civil justice than would apply in an ordinary personal injury case. Most importantly, Florida has removed the civil statute of limitations for an action related to sexual battery when the victim was under the age of 16 at the time of the act. That means a qualifying survivor may be able to bring a civil claim many years, or even decades, later. This protection reflects a reality that survivors, their families, medical professionals, and courts increasingly recognize: childhood sexual abuse is often not disclosed right away, especially when the abuser used authority, grooming, threats, dependency, or manipulation to silence the child.
The No-Deadline Rule Has Limits (Applies as of July 1st, 2010)
The Florida no-deadline rule is powerful, but it is not unlimited. It applies to actions related to conduct that constitutes sexual battery under Florida law, and it contains an important retroactivity limitation. The statute does not revive a claim that was already time-barred on or before July 1, 2010. That distinction is critical in older cases. A survivor should not assume that a claim is barred simply because the abuse occurred long ago. At the same time, a careful legal analysis is needed to determine the survivor’s age, the nature of the abuse, the date the claim accrued, the applicable statute at that time, and whether the claim had already expired before the statutory change took effect.
Other Abuse Claims May Have Different Deadlines
Not every civil claim arising from childhood sexual abuse falls into the no-statute-of-limitations category. Florida has a separate extended limitations rule for intentional torts based on abuse, incest, and certain trafficking claims. Those claims may be filed within the latest of several deadlines, including seven years after the survivor reaches the age of majority, four years after the survivor leaves the dependency of the abuser, or four years after the survivor discovers both the injury and the causal connection between the injury and the abuse.
Civil Sexual Abuse Claims Against Institutions Require Special Review
Many civil child sexual abuse cases involve not only the perpetrator, but also an institution that allegedly enabled the abuse. Potential defendants may include schools, churches, youth organizations, medical facilities, treatment centers, foster care entities, employers, or other organizations with responsibility for child safety. These claims may involve negligent hiring, negligent retention, negligent supervision, failure to report, premises liability, or vicarious liability. The applicable deadline can be more complicated, especially if a government entity is involved.
Contact Our West Palm Beach Sexual Assault Lawyer for Victims Today
At Pike & Lustig, LLP, our West Palm Beach civil sexual attorney puts victims first. If you have any specific questions about the statute of limitations for child sex abuse victims, we can help. Contact us today for a free, strictly confidential case review. Our firm handles civil claims throughout South Florida, including in Palm Beach County, Miami-Dade County, and Broward County.
