Childhood sexual abuse is a devastating trauma that can take years—sometimes decades—to process. Many survivors of childhood sex abuse struggle with whether or not they can take legal action against their abuser or the institutions that failed to protect them.

If you’re wondering whether it’s too late to seek justice, the answer is likely no—Washington State has one of the most survivor-friendly statute of limitations laws in the country, and recent updates in the law have provided avenues for survivors to hold their abusers and institutions accountable.

This guide will explain Washington law regarding childhood sexual abuse, the statute of limitations, and what survivors need to know about filing a civil lawsuit or pursuing criminal prosecution.

 

What is a statute of limitation?

Most crimes and injuries have a time limit for when a person can sue. This is to make sure evidence is still available, and memories are relatively fresh. In Washington State, the statute of limitations is the deadline for filing a lawsuit about something that happened in the past.

There are two types: civil and criminal.

For civil cases: When someone sues another person (or place) for money to help them recover from the injury caused. The remedy typically would be money damaged. Civil lawsuits are typically brought against a perpetrator and/or institution affiliated with that perpetrator if that institution knew or should have known that you were in danger of being sexually abused. For example, if you were sexually abused by a teachers, volunteer, or priest, a lawsuit can be brought against the perpetrator themselves, but also the school and/or church that the perpetrators was affiliated with or employed by.

For criminal cases: When the government (like police or prosecutors) tries to punish someone for breaking the law. The remedy typically would be an arrest, jail time, or other restrictions upon the defendant’s liberties.

The statute of limitations for child sexual abuse in other states have made it very difficult for survivors to get justice. The old laws often had short timers that ran out before a survivor was ready, or even able, to talk about what happened. Many didn’t even know they could sue.

Washington is one of the many states that have recently reformed the statute of limitations because of the evidence establishing that it takes survivors years, or even decades, to process the trauma they endured and connect it to the injuries they have suffered as a result.

 

Washington law on child sex abuse has changed

Washington law makers realized the old laws weren’t fair to survivors of sexual abuse. Lawmakers worked to create a new law that gives survivors more time.

RCW 4.16.340 is the Washington law that establishes the statute of limitations for childhood sexual abuse. There’s also a part called RCW 9A which deals with the crimes themselves, but RCW 4.16.340 discusses the civil statute of limitations, suing for money damages.

RCW 4.16.340 originally provided that a survivor could bring a lawsuit for injuries suffered as a result of childhood sexual abuse within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the sexual abuse.
The Legislature changed the law because:

• Childhood sexual abuse is a pervasive problem that affects the safety and well-being of many of our citizens.
• Childhood sexual abuse is a traumatic experience for the victim causing long-lasting damage.
• The victim of childhood sexual abuse may repress the memory of the abuse or be unable to connect the abuse to any injury until after the statute of limitations has run.
• The victim of childhood sexual abuse may be unable to understand or make the connection between childhood sexual abuse and emotional harm or damage until many years after the abuse occurs.
• Even though victims may be aware of injuries related to the childhood sexual abuse, more serious injuries may be discovered many years later.

In 2024, the legislature changed the statute of limitations again to eliminate the statute of limitations for survivors who were sexually abused after June 6, 2024. This essentially removes the discovery of injuries and “connecting the dots” analysis if the abuse occurred after June 6, 2024.

By changing the civil statute of limitations, Washington State ensures survivors have a voice whenever they are ready to speak out.

 

What if the abuse happened a long time ago?

In Washington state, you can file a lawsuit for childhood sexual abuse even if the abuse occurred decades ago.

The law says the “timer” doesn’t start running until you realize that your injuries were caused by the sexual abuse. This is really important because sometimes, it takes years or even decades for someone to understand how the sexual abuse affected them.

It’s okay if it takes time to connect the dots. Many people experience problems in their lives (like trouble with relationships, depression, anxiety, alcohol and drug abuse, or other issues) and don’t realize until much later that those problems are connected to the childhood sexual abuse.

If you are wondering whether you can prosecute a perpetrator for sexually abusing you as a child, crimes like the rape of a child have no limit. Some acts, such as the rape of a child in the first, second degree, or third degree, have even longer time limits or even no time limit at all for criminal prosecution. Even if a criminal case can’t happen, a civil lawsuit might still be possible.

If you were sexually abused and are unsure whether you have a civil claim, talk to a lawyer as soon as possible. These situations can sometimes be handled differently than a prosecution.

 

What should you do if you think this applies to you?

1. Talk to a trusted adult – A friend, therapist, or support group. If you’re under 18, talk to a parent, counselor or other adult you trust. They can help.
2. Learn about your legal options – A sexual abuse attorney can help you understand your rights.
3. Consider filing a lawsuit – You may be able to sue the abuser or institution that allowed the abuse.
4. Report to authorities – If you want, you can file a police report to see if criminal prosecution is possible.

If you’re unsure where to state, many law firms offer a free consultation so you can get answers without any pressure.

 

FAQs

Can I file a lawsuit even if the abuse happened decades ago?
Yes. Washington State has no time limit for civil lawsuits related to childhood sexual abuse. You can take legal action whenever you’re ready.

What if I’m not sure I have a case?
It’s okay if you’re unsure. A sexual abuse lawyer can review your situation in a free consultation and help you understand your options.

What if my abuser is dead or unknown?
You may still have a civil claim against an institution, church, school, youth organization, or foster care system that allowed the abuse to happen.

Is there a deadline for criminal cases?
For serious crimes like rape of a child or child molestation, there is no time limit—the prosecutor’s office would have knowledge regarding whether charges can be filed.

Do I have to go to court?
Not always. Many civil lawsuits end in settlements, meaning you may not need to testify in court. A sexual abuse lawyer can explain what a civil lawsuit entails.