If you are a survivor of child sexual abuse, you have already endured more than anyone ever should. The trauma, confusion, and pain that follow such experiences can ripple through every part of your life—sometimes for years or even decades. And while the path to healing can be long and deeply personal, understanding your rights under the law is an important step toward reclaiming your power and pursuing justice on your terms.
The team of compassionate attorneys at File Abuse Lawsuit is here to guide you through every step of the legal process with empathy, respect, and unwavering dedication. One of the most important legal issues survivors face is understanding the statute of limitations—the legal time limit for filing a lawsuit. In North Carolina, this timeframe has recently evolved in ways that may open the door to justice for many survivors who previously believed they had no legal recourse.
Let’s break down what this means for you and how the laws in North Carolina may still allow you to seek the accountability and closure you deserve.
How long do I have to sue for child sexual abuse in North Carolina?
- Survivors have until their 28th birthday to file a civil lawsuit under the SAFE Child Act
- A revival window (Jan 2020–Dec 2021) temporarily allowed expired claims to be filed
- No criminal statute of limitations exists for most felony child sexual abuse offenses
- The discovery rule may extend the civil deadline if you recently remembered the abuse
- You can also sue institutions that enabled or covered up the abuse
- An experienced attorney can help determine if your case still qualifies—even years later
Understanding the Statute of Limitations
A statute of limitations (SOL) is a law that determines the amount of time a person has to file a lawsuit after an event occurs. Once that time runs out, the court generally will not allow a case to proceed. These laws are meant to preserve the integrity of evidence, witness testimony, and the legal process overall.
But here’s the thing—survivors of child sexual abuse often need years, even decades, to come to terms with what happened, let alone feel ready to take legal action. The nature of trauma, especially when experienced in childhood, means that many survivors don’t fully process their abuse until well into adulthood. For too long, strict statutes of limitations unfairly denied many survivors their right to seek justice.
Thankfully, North Carolina has taken meaningful steps to address this injustice. In 2019, a new law—the SAFE Child Act—dramatically changed the legal landscape for child sexual abuse survivors.
The SAFE Child Act: A Lifeline for Survivors
In response to growing awareness of the lifelong impact of childhood sexual abuse, North Carolina lawmakers passed the Sexual Assault Fast Reporting and Enforcement (SAFE) Child Act, which went into effect in January 2020. This groundbreaking legislation was created to give survivors more time, more options, and more hope.
Here’s how the SAFE Child Act affects the statute of limitations in civil sexual abuse cases:
Extended Time to File a Civil Lawsuit
Before the SAFE Child Act, survivors of child sexual abuse had only three years from the time they turned 18 to file a lawsuit—meaning they had to take legal action before their 21st birthday.
Under the new law, that window is now ten years. This means survivors now have until their 28th birthday to bring a civil claim against their abuser.
This change acknowledges the deeply personal and complex nature of processing abuse. Many survivors simply aren’t ready to come forward by the age of 21, and this extension gives them more time to find support, gather courage, and pursue justice when they are truly ready.
Revival Window for Previously Time-Barred Cases
The SAFE Child Act also created a special “revival window” from January 1, 2020 to December 31, 2021. During this time, any survivor who was previously blocked from filing a civil lawsuit due to the old statute of limitations could now come forward, regardless of their current age.
This two-year revival period was a powerful opportunity for many adult survivors to step forward and seek justice—even if their claims had long been considered expired under the old law.
Although that window has now closed, there is growing discussion about potentially reopening it, particularly as survivors and advocates continue to push for broader access to justice.
What About Criminal Cases?
It’s important to understand the distinction between criminal and civil cases when it comes to sexual abuse. In a criminal case, the government prosecutes the perpetrator in order to punish them, which can result in jail time, probation, or registration as a sex offender.
In contrast, a civil case is filed by the survivor themselves, seeking monetary compensation and accountability from the abuser or any institutions that enabled the abuse.
North Carolina Criminal Statute of Limitations for Child Sexual Abuse
The good news here is that North Carolina does not have a statute of limitations for most felony sexual offenses. Crimes like rape, statutory rape, sexual offense with a minor, or taking indecent liberties with a child can be prosecuted at any time, no matter how many years have passed.
This means that if law enforcement has enough evidence to file charges—even decades after the abuse occurred—they can do so.
However, not all sexual offenses are classified as felonies. For certain misdemeanor offenses, like sexual battery or failure to report child abuse, the state has a 10-year time limit from the date of the offense to file criminal charges.
Why This Matters for You
If you were sexually abused as a child in North Carolina, you may have questions like:
- Is it too late to file a lawsuit?
- Do I have any options if the abuse happened decades ago?
- What if my abuser was never charged criminally—can I still take legal action?
These are all valid and important questions. The answer depends on your individual circumstances, but you may still have legal options, especially if:
- You were under 28 years old when the SAFE Child Act took effect;
- You filed a civil claim during the revival window;
- You are just now discovering the abuse due to repressed memories (which may qualify under the “discovery rule”);
- Or, you are considering filing a criminal complaint and want to know your rights.
Each survivor’s journey is different. What matters most is that you feel safe, supported, and empowered to make the decision that’s right for you.
Can I Sue Institutions That Allowed the Abuse?
Yes. In many cases, survivors are not just suing their abuser—they are also filing lawsuits against the institutions that failed to prevent the abuse.
This includes:
- Schools
- Churches
- Youth organizations
- Sports programs
- Foster care agencies
- Daycares and camps
If these institutions knew or should have known about the risk of abuse and failed to act, they may be held legally responsible. Suing institutions can be especially important because they often have the financial resources to provide meaningful compensation—and holding them accountable helps prevent future abuse.
Thanks to the SAFE Child Act, the revival window also allowed survivors to file civil claims not just against abusers, but also against institutions that enabled, ignored, or covered up the abuse. And even now, survivors can still pursue legal action if their case falls within the current statute of limitations.
What If I Just Remembered the Abuse? (The Discovery Rule)
One of the most painful aspects of child sexual abuse is that survivors may repress the memory of the trauma for years. It’s not uncommon to remember the abuse later in life—sometimes decades after it happened. This is not a failure on your part. It’s a natural response to overwhelming trauma. Your brain was protecting you in the only way it knew how.
The law in North Carolina recognizes that in some cases, survivors do not discover the abuse or fully understand its impact until much later. That’s where the “discovery rule” may come into play.
How the Discovery Rule Works
Under the discovery rule, the statute of limitations may not begin to run until you “reasonably discovered” the abuse. That means the legal clock could start not when the abuse happened, but when you first became aware of it—or first connected your emotional injuries and trauma to the abuse you suffered.
This concept can be especially important in cases involving repressed memories, delayed psychological symptoms, or abuse that was never reported or acknowledged until adulthood.
Every Case Is Unique
The application of the discovery rule is complex and can vary depending on the court and the facts of your case. That’s why it’s so important to speak with an experienced, trauma-informed attorney who understands how North Carolina courts treat repressed memory and late discovery in child sexual abuse cases. At File Abuse Lawsuit, we are prepared to carefully evaluate your situation and help you determine if the discovery rule may apply to your case.
What If the Statute of Limitations Has Passed?
You may be wondering: What if I'm over 28 now? What if the revival window has closed? Do I still have options?
The answer is maybe. While statutes of limitations can limit certain legal actions, they do not erase your story, your pain, or your right to seek justice in other ways.
Even if the civil deadline has passed:
- You may still be able to pursue criminal charges, especially for felony sexual abuse, which has no statute of limitations in North Carolina.
- You may qualify under the discovery rule, giving you more time to file a civil lawsuit if you only recently recalled the abuse.
- You may be able to participate in legislative advocacy to support efforts aimed at reopening the revival window or extending survivor rights.
Additionally, speaking with a lawyer can help you explore other legal avenues that may still be available. Your situation is unique, and so are your options.
What Compensation Is Available to Survivors?
Pursuing a civil lawsuit is not only about financial recovery—it’s about acknowledgment, accountability, and healing. But compensation can play a crucial role in helping survivors rebuild their lives.
If you file a civil claim for childhood sexual abuse in North Carolina, you may be entitled to recover:
Economic Damages
These are financial losses that can be clearly measured, including:
- Past and future medical bills
- Therapy and counseling expenses
- Lost wages or diminished earning capacity
- Education or job retraining costs
Non-Economic Damages
These reflect the emotional and psychological impact of the abuse, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- PTSD, anxiety, or depression
Punitive Damages
In some cases, a court may award punitive damages to punish the abuser or negligent institutions for particularly egregious behavior and to deter similar conduct in the future.
Institutional Accountability
If a school, church, youth group, or other organization failed to protect you—or actively covered up the abuse—you may be entitled to additional compensation for their role in allowing the abuse to continue.
Each case is different, and the value of a claim depends on several factors: the severity and duration of the abuse, the long-term impact on your life, the strength of your evidence, and the financial resources of the defendants. An experienced attorney can help you assess the full scope of your potential recovery.
How File Abuse Lawsuit Can Help
At File Abuse Lawsuit, we understand that no amount of money can undo the pain of what happened. But we also know that seeking justice through the legal system can be a powerful and affirming act of healing.
When you contact us, here’s what you can expect:
Compassionate Listening
We begin by hearing your story—when you’re ready, in your words. We offer a free, confidential consultation where you can speak with someone who will listen without judgment and support you without pressure.
Personalized Legal Strategy
Every survivor’s path is different. We’ll evaluate your situation, explain your legal options clearly, and help you understand whether you still have time to file a lawsuit. If the statute of limitations is a factor in your case, we’ll discuss how laws like the discovery rule may apply to you.
Experienced, Trauma-Informed Representation
Our attorneys have over 120 years of combined experience and have recovered over $400 million for clients. We know how to handle complex sexual abuse cases with sensitivity, strength, and discretion. And we’re not afraid to go to trial if that’s what it takes to secure justice on your behalf.
Support Beyond the Courtroom
We understand the emotional toll this process can take. That’s why we’ll also help you find support resources—counselors, therapists, and advocacy groups specializing in trauma recovery. Our commitment to your well-being doesn’t stop at legal guidance.
Your Healing Starts Today
If you’re reading this page, you may be wondering if it’s too late. Let us be clear:
It is never too late to begin your healing.
It is never too late to take back your power.
It is never too late to explore your options.
You are not alone. You are not forgotten. And your voice matters.
Whether the abuse happened five years ago or 50, whether your abuser was prosecuted or not, whether you’ve shared your story before or are speaking out for the first time—you deserve to be heard, to be believed, and to be supported.
Reach Out for a Free Consultation with Our Child Sexual Abuse Attorney
If you’re considering legal action—or even if you’re just not sure—please know that our door is open. We offer free, completely confidential consultations, and there is absolutely no pressure to commit.
Contact us at (209) 283-2205 or through our online form. One of our compassionate team members will be in touch to listen, answer your questions, and help you understand your rights.
No matter where you are in your journey, we’re here for you. Together, we can work toward the justice, accountability, and peace of mind you deserve.