Longer Statute of Limitations Now in Effect for Certain Sexual Abuse Cases

On May 3, 2019, the District of Columbia Sexual Abuse Statute of Limitations Amendment Act of 2018 went into effect as D.C. Law 22-311. The new law provides a substantially longer statute of limitations for certain civil cases arising from sexual abuse.

Prior law stated that a claim “for the recovery of damages arising out of sexual abuse that occurred while the victim was a minor” could not be brought after “7 years from the date that the victim attains the age of 18, or 3 years from when the victim knew, or reasonably should have known, of any act constituting abuse, whichever is later.” D.C. Code § 12-301(11) (2018).

Under the new law, a longer statute of limitations applies with respect to all cases arising from sexual abuse regardless of whether the sexual abuse occurred while the victim was a minor.

The new law consists of two provisions. The first provision states that a claim “for the recovery of damages arising out of sexual abuse that occurred while the victim was less than 35 years of age” may not be brought after “the date the victim attains the age of 40 years, or 5 years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later.” D.C. Code § 12-301(11) (2020).

The second provision states that a claim “for the recovery of damages arising out of sexual abuse that occurred while the victim was 35 years of age or older” may not be brought after “5 years, or 5 years from when the victim knew, or reasonably should have known, of any act constituting sexual abuse, whichever is later.” D.C. Code § 12-301(12) (2020).