Statutes of Limitations for Sexual Abuse Cases in Pennsylvania

Understanding the statutes of limitations for sexual abuse cases is critical for survivors seeking justice. These laws dictate the time frame within which survivors can initiate criminal charges or file civil lawsuits against their abuser.

In Pennsylvania, recent legal changes have expanded the rights of survivors, making it essential to stay informed about current laws and available legal options.

Criminal Statutes of Limitations in Pennsylvania

The statutes of limitations for criminal cases depend on the survivor’s age at the time of the abuse. In 2019, Act 87 was signed into law by the Pennsylvania governor and  significantly extended the time survivors have to seek criminal prosecution against their abuser:

• For Child Sexual Abuse Survivors: Act 87 eliminated the criminal statute of limitations for sexual offenses committed against a minor. This applies to all criminal acts occurring since this change in the law, as any prior acts not yet time-barred for prosecution as of Act 87’s effective date, November 29, 1989. Any criminal prosecutions that were time-barred as of that date remain time-barred.
• For Adult Sexual Assault Survivors: The statute of limitations for filing criminal charges varies depending on the age of the survivor and the severity of the offense. For survivors age 18 to 23 at the time of the abuse, Pennsylvania law allows as many as 20 years to bring criminal charges against a perpetrator for certain felony offenses. For adult survivors over age 23, the statute of limitations for criminal prosecution is generally two years for misdemeanor offenses and 12 years for felonies. These changes reflect Pennsylvania’s commitment to ensuring that abusers can be held accountable, particularly in cases of child sexual abuse where survivors may take years to come forward.

Civil Statutes of Limitations in Pennsylvania

Civil courts and criminal courts operate alongside each other within our justice system, but serve very different purposes. The criminal courts are designed to be abuser-focused. They are built around the core principles of preserving the accused person’s rights, determining their guilt, and deciding the punishment to be imposed after a conviction or guilty plea. While criminal courts can and frequently do order a guilty party to pay restitution to an innocent party to cover the cost of things like property damage and medical bills from physical injuries, an order of restitution becomes little more than a symbolic gesture for abuse survivors.

Civil courts, on the other hand, are designed to be restorative and survivor-focused. Civil courts cannot send an abuser to jail, but can compensate survivors for the harm they’ve suffered in a way criminal courts aren’t built to. Civil lawsuits enable survivors to seek financial compensation and hold the institutions who enabled their abusers accountable for negligence. To better support survivors’ efforts to seek justice and accountability, Act 87made substantial changes to Pennsylvania’s civil statutes of limitations:

• For Child Sexual Abuse Survivors: Survivors born on after November 29, 1989 have until age 55 to file a civil lawsuit against their abuser or responsible institutions. Those born before that date may still have a viable case and should consult an attorney.
• For Adult Sexual Assault Survivors: The statute of limitations for filing a civil claim is generally two years from the date of the assault.

Recent Legal Changes and Proposed Legislation

Pennsylvania lawmakers have been working to further expand survivors’ rights. In recent years, there has been ongoing legislative debate over a proposed two-year lookback window that would allow survivors whose claims were previously time-barred to file lawsuits regardless of when the abuse occurred. This effort, though currently stalled by partisan gridlock in the state legislature, reflects a growing recognition that trauma can prevent survivors from coming forward within traditional legal time limits.

Survivors should be aware of potential legislative changes that could affect their ability to seek justice. If you have questions about your legal rights, we are here to help.

But how do you prove an injury that is impossible to see and almost as hard to talk about? The answer is to empower yourself with a lawyer who is not just a fearless litigator, but also understands the unique nature of sex abuse cases and the challenges their clients face.

As one of the top personal injury law firms, Saltz Mongeluzzi Bendesky knows that some of the deepest wounds leave invisible scars. Our highly specialized attorneys have unrivaled experience representing sexual abuse victims across a wide range of circumstances, using a trauma-informed, compassionate approach. These specialized attorneys know how to present survivors’ stories in a way that moves courts and juries to understand the unthinkable and award survivors every ounce of justice and compensation they need and deserve.

Contact us today for a confidential consultation to explore your options for financial recovery and justice.