Legislatures nationwide are grappling with determining the proper statute of limitations (SOL) for child sexual abuse cases. NCVLI recently undertook a review of the state of the nation. 

In general, SOLs are justified by a number of policy considerations, including preserving the availability of evidence, encouraging prompt responses by law enforcement, supporting a sense of fairness in the justice process, and reducing the burden on court dockets. Recognizing that the calculus regarding the SOL changes in the context of child sexual abuse, a considerable number of jurisdictions have abolished SOLs entirely with respect to at least some sexual offenses committed against child-victims. Such a legislative determination is supported by empirical research regarding the delayed disclosure of child sexual abuse, sound public policy rationales supporting the desirability of facilitating child-victims’ access to the courts, and victims’ constitutional and statutory rights to fairness and protection.