Question: If I am the victim of sexual abuse, rape, or child abuse, how much time do I have to file a civil lawsuit against the perpetrator?
Answer: The amount of time you have to file a lawsuit is commonly known as the statute of limitations. See Utah Code § 78B-2-102. Generally, the statute of limitations for a sexual abuse civil lawsuit depends on whether or not you were a minor when the abuse took place.
In Utah, if you were a minor when the sexual abuse occurred, the statute of limitations will not start to run until you become an adult at 18 years of age. See id., § 78B-2-108. However, you may file a lawsuit for sexual abuse against the perpetrator at any time. See id., § 78B-2-308(2).
However, if you want to file a lawsuit against a non-perpetrator (e.g., the employer of the perpetrator, another person aware of the abuse who had a duty to stop it), you must do so within four (4) years after you turn 18; or if you only discovered the abuse after you turned 18, you have four (4) years after the time you discovered the abuse to file a lawsuit. See id.
If you were an adult when the sexual abuse took place, you generally have four (4) years from when the abuse occurred to file a lawsuit.
There are some exceptions wherein the amount of time you have to file your lawsuit is tolled, in other words, prolonged, if: (1) you were unable to discover the underlying facts to apprise that you had a legal claim; or (2) the defendant fraudulently concealed the harmful conduct from you. See Russell Packard Development, Inc. v. Carson, 108 P.3d 741, ¶¶ 21-25, 2005 UT 14 (Utah 2005).
If you or a member of your family has been a victim of sexual abuse nothing can ever change what happened. Nevertheless, you can receive justice for you and your family, and compensation for the harm you and your family have suffered.
At Head Law, we are experienced with personal injury law, including sexual abuse, rape, child abuse cases, and we will take on the fight to ensure you and your family get justice and receive compensation to help you heal and do what is most important at this trying time.