Statute of Limitations on Sexual Assault in Michigan: What You Need To Know
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The Michigan statute of limitations for sexual assault determines how long a survivor has to file a civil lawsuit or pursue criminal charges against the offender. These laws are complex and vary depending on factors such as the survivor’s age at the time of the attack, whether the case involves a civil lawsuit for damages or criminal prosecution, when the identity of the assailant was determined, and when the survivor’s injury was discovered.
What Is The Statute Of Limitations For Suing For Sexual Assault In Michigan?
In Michigan, the statute of limitations on sexual assault – which Michigan law refers to as “criminal sexual conduct” – allows survivors to file a civil lawsuit within ten (10) years of the incident. However, when the victim was a minor at the time of the attack, the law gives additional time—often until the survivor turns 28 years old or within three years of discovering the connection between his or her injuries and the attack, whichever is later.
Because these time limits can depend heavily on the unique facts of your case, it’s crucial to consult our experienced lawyers as soon as possible to protect your rights and ensure your claim is filed on time.
Why the Statute of Limitations On Sexual Assault In Michigan Matters
The Michigan statute of limitations on sexual assault is a strict rule that sets the legal deadline for when a survivor must bring a claim. Failing to file within the allowable time frame can have severe consequences. Even if you have strong evidence, waiting too long can lead to your case being dismissed, and you may lose your right to pursue compensation or justice in civil court.
For example, if the statutory deadline expires, the defendant’s attorney can easily file a motion to dismiss your lawsuit, and the court will likely grant it. While there is no guarantee of success in any legal case, missing this deadline guarantees that your case cannot move forward.
What Happens If You Miss the Deadline
If you do not file your sexual assault lawsuit before the statute of limitations expires, you will lose the legal right to pursue damages. This includes both economic damages (such as medical bills, therapy costs, and lost wages) and non-economic damages (such as pain, suffering, and emotional trauma). Once the limitation period has passed, the court will be barred from hearing your case, even if there is clear evidence of wrongdoing.
That’s why it’s vital to speak with a lawyer early. Your attorney can review your situation, identify which deadlines apply, and take immediate steps to preserve your right to seek justice.
How Long Do You Have to File a Lawsuit?
Adult survivors generally have 10 years from the date of the attack to file a civil lawsuit, under Michigan law. (MCL 600.5805(6))
However, survivors who were minors at the time of the attack are permitted more time to file a civil lawsuit, under Michigan law. (MCL 600.5851b(1))
They have until they reach 28 years of age or within 3 years of discovering the injury caused by the attack – whichever is later.
Because every case is different, the best way to determine the exact deadline is to consult with our experienced and highly specialized lawyers who can evaluate your individual circumstances in detail. We understand the nuances of the law and can quickly identify which time limits and exceptions apply to your situation. By contacting us early, you gain dedicated advocates who will act fast to preserve evidence, protect your rights, and position your case for the best possible outcome. Don’t leave something this important to chance — let our proven legal team guide you toward justice and recovery.
Should You Wait to File a Claim?
In Michigan, even though the statute of limitations on sexual assault provides years to file, it’s almost always best to act as soon as possible. Evidence can fade, witnesses can move or forget details, and institutions may destroy or lose key records. Our lawyers can begin gathering and preserving critical evidence right away — strengthening your case and protecting your right to recover damages.
The sooner our attorneys can begin investigating, the stronger your position will be to prove liability and hold the perpetrator and any negligent institutions accountable. Acting quickly also allows us to obtain important documentation such as security footage, medical reports, or employment and disciplinary records before they become unavailable. Early legal action gives survivors more control over the process, ensuring that their story is heard and that those responsible are held to account. Our legal team provides the guidance and support you need to move forward with confidence and seek the justice you deserve.
How Our Lawyers Can Help You Comply with the Statute of Limitations On Sexual Assault In Michigan
Our experienced Michigan sexual assault lawyers can help ensure your claim is filed within the correct statute of limitations by:
- Determining which deadline applies to your case.
- Preserving and collecting vital evidence before it disappears.
- Meeting all procedural and notice requirements.
- Filing your lawsuit and serving all necessary parties before the deadline expires.
Our experienced Michigan sexual assault lawyers can help ensure your claim is filed within the correct statute of limitations by:
- Determining which deadline applies to your case.
- Preserving and collecting vital evidence before it disappears.
- Meeting all procedural and notice requirements.
- Filing your lawsuit and serving all necessary parties before the deadline expires.
Our lawyer’s guidance can make the difference between a dismissed case and a successful claim for justice. Having our experienced and knowledgeable attorneys on your side ensures your case is handled correctly from the start, protecting your right to pursue accountability and compensation for the harm you have endured.
How Long Do You Have to File Criminal Charges for Sexual Assault in Michigan?
There are four types of sexual assault in Michigan – which the law refers to as “criminal sexual conduct” – and each has its own statute of limitations.
For a sexual attack that qualifies as criminal sexual conduct in the first-degree, there is no time limit for filing criminal charges. An indictment can be filed at any time. (MCL 767.24(1)(a))
For criminal sexual conduct in the second- and third-degree, criminal charges must generally be filed within 15 years after the attack or by the survivor’s 42nd birthday, whichever occurs later. (MCL 767.24(4)(a))
Finally, for criminal sexual conduct in the fourth-degree, charges can generally be brought within 10 years after the attack or by the survivor’s 21st birthday, whichever occurs later. (MCL 767.24(3)(a))
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Have Questions? Call Our Attorneys Now For A Free Consultation!
Understanding the Michigan statute of limitations for sexual assault can be overwhelming — especially while dealing with the emotional and physical impact of what you’ve endured. Our compassionate and experienced lawyers are here to help every step of the way.
We can explain how the law applies to your case, ensure all deadlines are met, and fight to secure the justice, accountability, and compensation you deserve. Call us today or fill out our contact form for a free, completely confidential consultation with a Michigan attorney who truly cares about protecting your rights.
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