In most cases, child sexual abuse crimes are handled at the state and local levels rather than under federal law—so while there are federal laws on child sexual abuse, actually dealing with these cases generally falls to the state.

Child sexual abuse laws vary from state to state, and in recent years, some states have modified their child sex abuse laws to better protect the children who have been affected. Arizona laws have extended the time period in which a child sex abuse victim can file a lawsuit so that more survivors may be able to get the justice they deserve.

Arizona Laws on Child Sexual Abuse Overview

Arizona sexual assault laws, until recently, allowed child victims to file lawsuits over their abuse only until two years after their 18^th birthday. This meant that child sex abuse survivors who wanted to pursue justice for their suffering—against their abuser or even an organization that employed or enabled the abuser—had just two years as adults to file suit.

There is a plethora of reasons as to why a victim might not immediately file suit over child sex abuse once they turn 18, not least of which is the trauma that often accompanies this kind of abuse.

Fortunately, new Arizona laws have been introduced, aimed at helping survivors get the justice they may have previously been denied.

What are the New Arizona Laws?

Under the new Arizona laws on child sexual abuse, victims have twelve years after they turn 18 to file a lawsuit—that is, until they turn 30 years old. This expanded time period applies to lawsuits against both their abuser and an entity that negligently employed or enabled the abuser and placed the child at risk in the first place, like a church or the Boy Scouts.

Not only do these new Arizona laws substantially extend the time period for filing childhood sex abuse litigation; they also open a lookback window for people over 30 to file a lawsuit over their own childhood sex abuse who may have previously been denied the ability to do so by the old laws. Indeed, childhood sex abuse survivors now over the age of 30 have until Dec. 31, 2020 to file lawsuits under the new Arizona laws.

What is the Statute of Limitations?

The original statute of limitations under the old Arizona laws only allowed victims a two-year period after they turned 18 to file suit against their abusers. Under these new laws, victims have twelve years after reaching adulthood to pursue litigation and recompense for emotional distress—until their 30^th birthday.

Are There Any Exceptions to the New Laws?

There may be certain exceptions to these new Arizona laws. Indeed, Arizona laws include a “Notice of Claim” requirement for lawsuits filed against an Arizona public or governmental entity or employee. A Notice of Claim in Arizona must be served to the accused public entity or employee in a much more limited time frame—either within 180 days after the abuse or 180 days after the victim’s 18^th birthday, whichever is later.

For instance, a child who suffered sexual abuse in a public elementary school would likely have to serve a Notice of Claim within 180 days of their 18^th birthday in order to be able pursue litigation.

Even though the new laws offer an extended statute of limitations for victims, it is important to remember that the earlier a lawsuit is filed, the easier it will likely be to have a successful case. For instance, the memories of witnesses are clearer, records won’t have been lost or destroyed, and entities won’t yet have gone out of business.

How Can You File a Lawsuit Under the New Arizona Laws?

A growing number of childhood sexual abuse survivors are coming forward with allegations against their abusers, as well as organizations that employed or enabled their abusers, such as the Catholic church or Jehovah’s Witnesses.

If you have suffered from childhood sexual abuse in Arizona, you may be able to file a lawsuit and pursue compensation under the new Arizona laws—even if the abuse happened years or even decades ago. Filing a lawsuit cannot take away the pain and suffering caused by childhood sexual abuse, but it can at least provide some kind of compensation, as well as help to hold those responsible accountable for the actions and inactions that led to your suffering.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.