Washington State has a lenient statute of limitations for filing a child sexual abuse claim in Washington, giving survivors ample opportunity to seek justice and compensation related to their experience.
On June 6, 2024, Washington law eliminated the statute of limitations for civil claims involving childhood sexual abuse that occurred on or after that date. This change was enacted through House Bill 1618, which was championed by survivor advocates.
This development recognizes that childhood sexual abuse survivors often delay reporting until they are well into adulthood. Many survivors do not process or fully understand the impact of the abuse until much later in life.
Under the revised law, if a person was under the age of 18 at the time of the abuse and the abuse occurred on or after June 6, 2024, there is no time limit for initiating legal action against the abuser or third parties whose negligence allowed the abuse to occur. Survivors can bring claims at any point in their lives, regardless of how much time has passed.
Claims for Abuse Occurring Before June 6, 2024
For child survivors who were abused before June 6, 2024, Washington still provides a semi-flexible deadline. If the survivor is now over 18, they generally have three years to file a civil action.
The law provides three possible triggering events that start the clock:
- The time of the act itself.
- The time the survivor reasonably should have discovered injuries or conditions related to the abuse.
- The time the survivor actually discovered that abuse caused their injuries or health conditions.
Whichever one is latest is the one that controls. Therefore, the statute of limitations does not necessarily begin on the date of the abuse. Instead, it often begins when the survivor determines that they suffered psychological, emotional, or physical injuries connected to the abuse.
Importantly, the act in question may also refer to an organization’s failure to protect the child by ignoring warning signs of abuse, failing to implement proper safeguards between the abuser and child, or concealing known risks.
Types of Compensation Available to Survivors of Sexual Abuse
Survivors of sexual assault or abuse may pursue multiple types of compensation from their abuser or any parties that enabled the abuse to occur. Damages generally fall into two primary categories: economic and non-economic.
Economic damages cover measurable financial losses caused by the abuse, including future expenses a survivor is expected to incur. Examples include:
- Medical expenses
- Therapy and psychiatric treatment costs
- Prescription medication expenses
- Lost wages
- Loss of future earning capacity
- Out-of-pocket expenses related to recovery
Non-economic damages compensate for the personal, emotional, and psychological losses a survivor has suffered. These damages are often extensive in child sexual abuse claims and include:
- Pain and suffering
- Emotional distress
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Humiliation and shame
- Reduced quality of life
Courts may also award punitive damages to punish the abuser or an organization that enabled the abuse. These damages punish the at-fault party for misconduct rather than compensate a survivor for losses.
If you’re contemplating initiating a sexual abuse claim, you should consult an experienced Washington sexual abuse lawyer for help. Your attorney can help you understand your rights and identify the deadlines (if any) that apply to your case. Contact Darrell Cochran Personal Injury Lawyer to schedule a free, confidential consultation to discuss your case and how we can help you.