Fighting Back Opportunities Provided to Cassie Ventura and Others by Retroactive Laws, as Advocates Argue for More Rights for Survivors
In a significant stride towards supporting survivors of sexual assault, several states have recently reformed their statutes of limitations (SOL) for such cases. This move acknowledges the complexities of trauma and delayed reporting, offering survivors more time to seek justice.
One of the most prominent changes has taken place in New York, where the Child Victims Act, enacted in 2019, allowed child victims to file civil lawsuits up to the age of 55 and created a one-year lookback window for civil lawsuits from victims of any age, regardless of when the abuse occurred. As a result, nearly 11,000 lawsuits were filed in New York during the Act's two-year span.
However, the intoxication loophole, which can prevent survivors from getting justice if they were unable to consent after becoming voluntarily intoxicated, still exists in nearly half the nation. Efforts to close this loophole, such as the bill authored by New York's Senator Brad Hoylman, have thus far been unsuccessful.
In California, adult sexual assault survivors now have 10 years from the date of assault, or 3 years from discovering related harm, to file civil lawsuits, up from the previous 2 years. Pennsylvania, Colorado, Texas, Maine, Arkansas, Maryland, Oklahoma, Tennessee, and Texas have also enacted extensions or new rules expanding the time frame for filing claims.
Political and legal challenges continue to impact the reform process, particularly regarding retroactive applications and institutional liability. For instance, in Pennsylvania, the state House passed legislation to revive previously time-barred child sexual abuse claims, but the Senate’s approval remains uncertain due to legal and financial concerns.
Survivors in other states are still limited by set time frames or temporary lookback windows. For example, in Colorado, efforts to amend the state constitution to allow lawsuits on old childhood sexual abuse claims face political hurdles. A prior law allowing retroactive claims was struck down as unconstitutional, and the amendment requires broad legislative and voter approval.
Recent legislative changes have generally trended toward extending or eliminating these limits to better support survivors seeking justice. These reforms empower survivors by recognizing that trauma disclosure often occurs long after the abuse, allowing them more time to seek legal redress. Revivals of previously expired claims provide opportunities for justice even when the survivor initially could not come forward.
Notable cases include those against powerful figures and institutions, such as President Donald Trump, Harvey Weinstein, state prison systems, the Boy Scouts of America, and the Archdiocese of New York. Former magazine columnist E. Jean Carroll accused President Trump of raping her in a New York department store in the mid-1990s and later defaming her in his denial of her claims. A Manhattan federal jury found Trump liable for sexual abuse and ordered him to pay about $5 million in damages. Trump has denied all claims.
As the nation continues to grapple with the issue of statutes of limitations for sexual assault cases, it's clear that there is a growing recognition of the need for reform. By acknowledging the complexities of trauma and delayed reporting, these changes aim to provide survivors with the opportunity to seek justice, no matter when the abuse occurred.
References: [1] Child Victims Act: An Overview (2019) [2] Pennsylvania House Bill 964: Reviving Time-Barred Child Sexual Abuse Claims (2024) [3] Colorado Amendment 74: Constitutional Amendment to Allow Lawsuits on Old Childhood Sexual Abuse Claims (2025) [4] Texas Senate Bill 3: Extending the Statute of Limitations for Civil Claims in Aggravated Sexual Assault Cases (2022) [5] Maine Revised Statutes Title 17-A: Criminal Code, Part 2: Offenses Against the Person, Chapter 113: Sexual Offenses (2023)
In the realm of politics and policy-and-legislation, several states have been working towards reforming statutes of limitations (SOL) for survivors of sexual assault, acknowledging the complexities of trauma and delayed reporting. This movement has led to extended or eliminated SOLs in states like New York, California, Pennsylvania, Colorado, Texas, Maine, Arkansas, Maryland, Oklahoma, and Tennessee, offering more time for survivors to pursue justice. However, challenges persist in certain aspects such as retroactive applications and institutional liability, as demonstrated by the political hurdles in Pennsylvania and Colorado. General news outlets and crime-and-justice sections have been actively covering these changes, including high-profile cases against powerful figures like President Donald Trump.
