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Statute of Limitations

Healing has no set timeline, and the decision to pursue justice must not have an arbitrary deadline

The justice system currently fails to reflect the realities of recovering from trauma

The journey to recovery from sexual trauma can take months, years and often a lifetime. The decision to come forward requires navigating and often resurfacing deep-seated trauma, and as a result, many survivors choose not to report. This is made even more complicated by the fact that, according to the United States Department of Justice, 80% of rapes are committed by someone the survivor knows, such as a friend, family member, intimate partner or acquaintance.1 However, current statute of limitations policies rarely reflect this understanding of trauma.

For those who do choose to report, it can take an average of 14 years to come forward.2 For survivors of child sexual assault, the average time to disclose is around 20 years, and over half of survivors who reported first did so at age 50 or older, with 30% of survivors never reporting or disclosing.3

These policies protect perpetrators, harm survivors and allow the justice system, and society to turn away from violence and abuse. We know that healing from trauma does not have a set timeline and that it can take years for survivors to recognize their trauma and decide to pursue justice. Ending the statute of limitations for these crimes is a necessary step in building a survivor-centered justice system.

With the weight behind this decision, including the renewed trauma that reengaging with the justice system can cause, survivors should not have to meet an arbitrary deadline in order to pursue justice.

What is the Statute of Limitations?

The statute of limitations (SoL) is the period of time after a crime is committed during which legal action can be pursued.4 According to state law, this time period varies based on the category of the offense and whether the victim is an adult or a child. For instance, there are currently some states that extend or eliminate the statute based on the presence of DNA evidence for cases equivalent to rape in the first degree. However, even these extensions are too limited and fail to acknowledge the realities of trauma for a wide range of crimes involving sexual violence and child abuse.

Statute of Limitations Facts, State by State

  • 14 states have statutes of limitations of 10 years or less.5
  • 23 states do not have exceptions to the statute of limitations for DNA evidence.
  • 4 states require participation with law enforcement for extended statutes of limitation.
  • From 2024–2025, 33 states have introduced legislation to extend or eliminate the statute of limitations for certain sex crimes, particularly with respect to children and DNA evidence. Of these, Arkansas, Indiana, Iowa, Kentucky, Louisiana, New Jersey, Oklahoma, Tennessee, and Washington have enacted bills to extend or eliminate statute of limitations in sexual assault cases.6

Facts and Realities of Reporting for Survivors

  • Studies show that most survivors disclose at an average of 52 years old, the median being 48 years old.
  • An estimated 70-95% of survivors never report their experiences to law enforcement.
  • Approximately 1 in 10 children will experience sexual abuse before their 18th birthday, with about 1 in 4 girls and 1 in 6 boys affected. 
  • 90% of child survivors knew their perpetrator. This often makes it even more difficult for a child to disclose, due to fear of retaliation, or as a result of not realizing that what happened to them was abuse until much later in life.
  • Only about one third of child sex abuse victims disclose as children.
  • Another one third of child sex abuse victims never disclose.

Supporting Survivors’ Healing is the Top Priority.

Eliminating the statute of limitations for rape and sexual assault ensures that the justice system can focus on bringing perpetrators to justice, and is a necessary step to building a world where survivors’ healing is the top priority.

  1. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, NationalCrime Victimization Survey, 2010-2016 (2017).
  2. Statute of Limitation Reform – The Foundation for Survivors of Abuse (FSA)
  3. Child USA: https://childusa.org/wp-content/uploads/2024/06/Delayed-Disclosure-2024.pdf
  4. Statutes of Limitations | RAINN
  5. Statute of Limitations | RAINN
  6. ETB SoL Legislation Tracker

Help us create transformative joy and survivor-centered healing.