There is no single amount of time that determines when an adult survivor of sexual assault in Maryland must "come forward." A survivor may be considering reporting the assault to police, filing a civil lawsuit, or both, and those processes can involve different legal deadlines.
For civil claims, the deadline may also depend on the specific legal theory involved. For example, Maryland generally provides a one-year limitations period for a civil assault claim, while other claims, including battery or negligence claims in many circumstances, may fall under Maryland's general three-year limitations period.
Schlachman, Belsky, Weiner & Davey, P.A. represents adult and child victims of sexual assault in Maryland and can evaluate which deadlines and legal options may apply to an individual case.
How Long Do Adults Have to Report Sexual Assault in Maryland?
The first issue is what someone means by "come forward."
Reporting an alleged sexual assault to law enforcement is different from filing a civil lawsuit for compensation. A criminal case is brought by the State, while a civil case is generally brought by the person who suffered harm.
Those two systems have different purposes, procedures, burdens of proof, and statutes of limitations. A deadline affecting a particular civil claim does not necessarily mean an adult survivor can no longer make a police report.
Is There a Statute of Limitations for Reporting Sexual Assault to Police?
Whether prosecutors can bring criminal charges after an alleged sexual assault depends on the specific criminal offense.
Maryland's general criminal limitations statute provides that most misdemeanor prosecutions must be brought within one year unless an exception applies. Some misdemeanor offenses are subject to different rules, and felony prosecutions are not governed by that general one-year misdemeanor limitation. Maryland Courts and Judicial Proceedings § 5-106
Because Maryland sexual offenses vary in classification and elements, a survivor should not assume that the opportunity for a criminal investigation has ended simply because significant time has passed.
Does Waiting to Report Prevent an Investigation?
Not necessarily.
Law enforcement may still be able to investigate an allegation made months or years after an incident, depending on the alleged offense and other circumstances. A delay in reporting does not by itself establish whether charges may or may not be filed.
However, time can affect the availability of evidence. Electronic communications may be deleted, surveillance footage may no longer exist, witnesses can become harder to locate, and memories may become less precise.
For that reason, anyone considering legal action may benefit from speaking with an attorney about preserving potentially relevant evidence.
How Long Do Adults Have to File a Civil Sexual Assault Lawsuit?
There is no single civil statute of limitations that covers every claim arising from an adult sexual assault.
One important distinction involves the particular cause of action being asserted.
Civil Assault Claims May Have a One-Year Deadline
Under Maryland Courts and Judicial Proceedings § 5-105, a civil action for assault generally must be filed within one year from the date the claim accrues.
This deadline can be especially important because people often use "sexual assault" as a broad description of sexual misconduct, while the legal cause of action called "assault" has a specific meaning.
A lawyer can identify the claims potentially supported by the facts rather than relying solely on the everyday name given to the conduct.
Other Civil Claims May Have a Three-Year Deadline
Maryland also has a general civil limitations statute. Maryland Courts and Judicial Proceedings § 5-101 provides that a civil action generally must be filed within three years from the date it accrues unless another Code provision establishes a different period.
Depending on the circumstances, claims arising from sexual misconduct may potentially include battery, negligence against a third party, or other causes of action subject to a different limitations analysis.
SBWD Law has previously explained these distinctions in its guide to the statute of limitations on sexual abuse in Maryland.
Why Does the Type of Civil Claim Matter?
A single incident can sometimes give rise to more than one potential legal claim.
For example, claims against the person who allegedly committed the sexual misconduct may differ from negligence claims against a business or other organization that allegedly failed to take reasonable safety measures.
The elements and deadlines for those claims may not be identical.
This is one reason survivors should avoid trying to calculate a deadline based only on a general internet search. An attorney may need to determine what causes of action the facts potentially support and when each claim accrued.
Can a Business or Institution Be Responsible for a Sexual Assault?
In some cases, a civil claim may involve someone other than the person accused of committing the assault.
Depending on the facts, potential defendants might include an employer, hotel, school, healthcare facility, property owner, landlord, religious organization, or another entity. A claim against an organization could involve allegations such as negligent security, negligent hiring, negligent supervision, or another theory of liability.
Liability is not automatic merely because an assault occurred on an organization's property or involved one of its employees. The survivor generally needs a valid legal basis for holding that entity responsible for its own acts or omissions.
When a third-party negligence claim is available, Maryland's general three-year limitations period may apply.
How Are Adult Sexual Assault Claims Different From Childhood Sexual Abuse Claims?
Maryland law treats sexual abuse that occurred during childhood differently from many claims based entirely on conduct that happened after the survivor turned 18.
Maryland substantially changed its law regarding childhood sexual abuse with the Child Victims Act of 2023.
Under Maryland Courts and Judicial Proceedings § 5-117, an action for damages arising from sexual abuse that occurred while the victim was a minor may generally be filed at any time, subject to the statute's provisions.
That rule should not be automatically applied to sexual assault that occurred when the survivor was an adult.
What If the Abuse Began Before Age 18 and Continued Into Adulthood?
Cases involving conduct that occurred both before and after a survivor's 18th birthday can present additional limitations.
The childhood conduct may fall within § 5-117, while claims involving conduct after age 18 may be subject to other deadlines.
The analysis can also depend on the particular claims being asserted and the defendants involved.
Can a Statute of Limitations Be Extended?
Sometimes, but a survivor should never assume that an exception applies.
Maryland law recognizes certain circumstances that can affect when a limitations period begins or how it is calculated. Issues involving legal disability, fraudulent concealment, accrual, or other doctrines may become relevant depending on the facts.
These exceptions can be highly technical. The emotional difficulty of coming forward after sexual assault does not, by itself, necessarily extend a civil filing deadline under Maryland law.
An attorney should review the particular facts before concluding that a claim is either timely or barred.
What Evidence Can Matter in an Adult Sexual Assault Case?
Sexual assault cases can involve many different kinds of evidence. A survivor does not necessarily need to possess one particular type of proof before speaking with an attorney.
Potentially relevant evidence can include:
- Text messages, emails, direct messages, or social media communications
- Photographs, videos, or surveillance footage
- Medical or counseling records
- Police or incident reports
- Employment, school, hotel, or transportation records
- Witness information
- Calendar entries or contemporaneous notes
- Documents showing medical expenses, lost income, or other losses
- Communications with an employer, institution, property owner, or other third party
Evidence should be preserved in its original form when possible. Survivors should avoid altering messages, confronting an alleged perpetrator for the purpose of creating evidence, or conducting their own investigation in a way that could create additional problems.
Do You Need a Police Report to File a Civil Lawsuit?
Not necessarily.
Criminal and civil proceedings are separate. Prosecutors decide whether the State will pursue a criminal case, while a survivor may have independent civil rights.
A police report may provide useful evidence, but the absence of a report does not automatically prevent a person from pursuing a civil claim. Similarly, a decision by prosecutors not to file criminal charges does not necessarily determine whether a civil defendant can be held liable.
The standards of proof are also different. Criminal prosecutors generally must prove guilt beyond a reasonable doubt, while civil cases apply different evidentiary standards.
What If the Sexual Assault Happened Years Ago?
If an assault happened years ago, do not assume that every legal option has expired.
The answer may depend on the survivor's age at the time, the conduct involved, the legal claims available, and who may be responsible.
For example, a claim based on childhood sexual abuse may be governed by § 5-117, while an adult assault claim or third-party negligence claim may be subject to a different limitations period.
An attorney can review the timeline and determine whether any viable claims remain.
What If the Assault Involved Sex Trafficking?
Sex trafficking cases may involve repeated sexual exploitation, coercion, threats, financial control, or abuse occurring over an extended period.
Potential civil claims may also extend beyond an individual trafficker. Depending on the evidence and applicable law, questions can arise about whether a hotel, property owner, business, or other entity contributed to or facilitated the exploitation.
SBWD Law represents people seeking civil remedies after sex trafficking and sexual exploitation in Maryland.
The applicable filing deadline should be evaluated based on the survivor's age during the conduct, the defendants involved, and each potential cause of action.
Can Adult Survivors Seek Compensation?
Potentially.
A civil sexual assault lawsuit may seek compensation for losses resulting from the conduct. Depending on the evidence and claims, recoverable damages could include medical expenses, counseling or mental health treatment, lost income, physical pain, emotional suffering, and other legally compensable harm.
Cases involving businesses, government entities, or other third parties may be subject to special rules, notice requirements, or damages limitations.
What Should You Do if You Are Considering Coming Forward?
There is no required emotional timetable for telling someone about a sexual assault. A person may need time before feeling ready to discuss what occurred.
Legal deadlines, however, can continue to run even during that period.
If you are considering a civil claim, it may help to preserve messages, records, photographs, medical documents, and other information connected to the incident. You can also speak privately with an attorney about potential deadlines before deciding whether and how to move forward.
Speaking with a lawyer does not require you to publicly accuse anyone or immediately file a lawsuit.
Speak With a Maryland Sexual Assault Attorney
Deciding when or whether to come forward after sexual assault is deeply personal. From a legal perspective, however, timing can affect which civil claims remain available.
Schlachman, Belsky, Weiner & Davey, P.A. represents adult and child survivors of sexual assault and abuse throughout Maryland. The firm can evaluate the circumstances, identify potential defendants, and determine which statutes of limitations may apply.
If you believe you may have a civil sexual assault claim, speak with an experienced Maryland sexual assault attorney or call (410) 685-2022 for a confidential consultation.
Frequently Asked Questions About Maryland Sexual Assault Deadlines
Do Adult Sexual Assault Survivors Have Three Years to Sue?
Not in every case.
Maryland's general civil statute provides a three-year limitations period, but § 5-105 specifically provides a one-year deadline for civil assault claims. Other causes of action, including some battery or negligence claims, may be analyzed under a different limitations period.
The correct deadline depends on the claims supported by the facts.
Is There No Statute of Limitations for Sexual Assault in Maryland?
That statement is too broad.
Maryland § 5-117 permits certain claims arising from sexual abuse that occurred while the survivor was a minor to be filed at any time, subject to the statute. Adult civil claims may still be subject to one-year, three-year, or other limitations rules depending on the cause of action.
Can I Report a Sexual Assault That Happened Years Ago?
Potentially, yes.
Whether prosecutors can still bring charges depends on the specific criminal offense and applicable criminal limitations rules. A person should not assume that a delayed report automatically prevents law enforcement from investigating.
Does the Child Victims Act Cover Adult Sexual Assault?
The special limitations provision in § 5-117 applies to claims arising from sexual abuse that occurred while the victim was a minor. It should not be assumed to eliminate deadlines for sexual misconduct occurring after the survivor turned 18.
Should I Speak With an Attorney Before the Deadline?
Seeking advice before a possible deadline expires can give an attorney more time to evaluate potential claims, identify defendants, obtain records, and preserve evidence.
Because different claims can have different statutes of limitations, prompt review may be particularly important in adult sexual assault matters.
