Question: What is the statute of limitation for a childhood sexual abuse case?
Answer: There are three (3) different statutes of limitations. Under Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the act of another. For a cause of action to accrue, it is not necessary that the full extent of the damage be known or even ascertainable but only that some ascertainable damage has occurred. Under I.C. 34-11-2-4, the State of Indiana allows a longer statute of limitations for childhood sexual abuse cases that for other tort cases which usually have to be filed within two years of the date of loss. If you are a victim of childhood abuse, you must file your civil case within: •Seven years of your 18th birthday, •Seven years from the time you could have reasonably discovered the abuse, or •Four years from the end of your dependency on an abuser. Note, several states are exploring extending their statutes of limitations in sexual abuse cases. Making this change would allow anyone of any age a year to file their case in what is being called a “look-back window”. If this change is allowed, there will be a great deal of new lawsuits, including claims made against churches and organizations. Presently, Indiana is not one of the states proposing a “look-back window”, but this may change.
