How Long Do I Have to File? Missouri’s Statute of Limitations for Sexual Assault Cases

Our judicial system is built on a foundation of fairness. A state’s statute of limitations laws are also designed to be fair. They set the maximum time limit to start legal proceedings or file a lawsuit after an alleged offense or injury occurs.

If you’re a sexual assault survivor in Missouri, the law puts a clock on your right to sue, and it may be running faster than you think. A statute of limitations sets the deadline for filing a civil lawsuit or bringing criminal charges. If you pass a civil deadline, a court will probably dismiss your case. It won’t even matter how strong it is.

Those deadlines exist to keep evidence fresh. However, they don’t account for how long it can take a survivor to feel ready to come forward. Missouri’s rules also change depending on your age at the time of the assault, who you’re suing, and whether the case is civil or criminal. A Columbia sexual assault lawyer can tell you which deadline applies to you.

Missouri Civil Statute of Limitations for Sexual Assault

The statute of limitations for sexual assault varies between a civil complaint and a criminal charge:

Civil Lawsuits

• Adult survivors (assaulted at 18 or older): An assault or battery claim against the person who assaulted you generally must be filed within two years. Some other claims, including negligence claims against a business or institution, generally have five years. Which deadline applies depends on how the claim is built, which is one more reason to talk to a lawyer early.
• Childhood sexual abuse (abused before 18): Under Missouri’s childhood sexual abuse statute, survivors generally have until age 31 (10 years after turning 21) to sue the abuser, or three years from when they discovered, or reasonably should have discovered, that the abuse caused an injury or illness, whichever is later.

Criminal Cases

• No time limit: Prosecutors can bring charges at any time for forcible rape, first-degree rape and sodomy, and most sexual offenses against someone 18 or younger.
• Other offenses: Most other felonies must be charged within three years and misdemeanors within one year, with some exceptions.

Criminal deadlines bind prosecutors, not survivors. A civil lawsuit is your own case, and if you miss its deadline, you likely lose the right to bring it.

The Impact of the Delayed Discovery Rule in Missouri

The discovery rule is the second half of the childhood abuse deadline: three years from when a survivor discovers, or reasonably should have discovered, that the abuse caused an injury or illness.

It exists because it can take years for a survivor to connect the depression, anxiety, or other struggles they face as an adult to abuse they experienced as a child. Missouri law is clear that the injury can be psychological. It doesn’t have to be physical.

Two limits matter. First, this rule applies to childhood sexual abuse claims, not to assaults on adults. Second, the clock doesn’t wait for the moment a survivor personally makes the connection. It can start when a reasonable person would have made it.

Who Can Be Held Liable for Sexual Assault

The person who carried out the sexual assault is the primary person to be held liable. They will be charged and prosecuted by the Boone County Prosecuting Attorney. However, in certain circumstances, a civil complaint could be filed against third parties.

In some cases, survivors can also sue third parties, such as businesses, schools, churches, and youth organizations that failed to screen an employee properly or didn’t adequately supervise activities involving minors. The extended childhood abuse deadline applies to claims against the abuser. Claims against an institution generally fall under a different deadline, which is another reason not to wait.

Know Your Deadline Before You Need It

Missouri’s deadlines for sexual assault claims depend on your age at the time, who you’re suing, and what kind of claim you bring, and some are shorter than survivors expect. Knowing which one applies to you is the first step toward holding the right people accountable.

At Thomas Law Offices, our attorneys can review your situation, identify every party that may be responsible, and help you file before the deadline. If you have questions, reach out to our firm for a free, confidential case evaluation.

You decide when you’re ready to talk. Just don’t let the clock decide for you.