Childhood Sex Abuse Laws in Massachusetts

Childhood sexual abuse has lasting, life-changing effects and can impact how you see yourself, how you relate to others, and career and life choices, even if you don’t know why. These effects don’t always appear right away and sometimes it takes years to fully understand or remember what happened to you and make a connection to childhood trauma. But you may still have time to hold your abuser accountable for their actions and potentially obtain financial compensation from institutions that failed to protect you. Confidentially contact an experienced childhood sexual abuse lawyer to learn your options.

Many survivors of childhood sexual abuse never tell anyone while the abuse is happening and some experts estimate that fewer than one-third of children ever report sexual abuse. This silence is a normal response to trauma and it doesn’t mean what happened to you was any less real or serious. Coming to terms with childhood sexual abuse takes courage and can bring up intense emotions, including anger, grief, confusion, and sometimes, a strong desire for accountability. 

We understand that not everyone is ready to take legal action. But if you do decide to file a claim against the person who hurt you or an institution that failed to protect you, it is important to note that there are certain legal limitations currently in place in Massachusetts that might impact your ability to obtain justice. The experienced childhood sexual abuse legal team at Shepard O’Donnell can help you navigate the law if you decide to move forward. Read more on what to expect in a sex abuse case on our blog.

Current Limits in Massachusetts Child Sex Abuse Law

What is the Statute of Limitations to File Criminal Charges?

In Massachusetts, there is no time limit for filing criminal charges for sexual abuse. You can report the crime to law enforcement at any time. However, if more than 27 years have passed since the abuse, the law requires you to provide independent evidence, such as testimony from a doctor or therapist, to support your account. This doesn’t mean your experience isn’t believed, it’s simply a legal requirement under current Massachusetts law. If you were under 16 at the time of the abuse, the 27-year time period doesn’t start until you either turned 16 or reported the abuse to law enforcement, whichever comes first. Once the legal time limit has fully expired, a criminal prosecution is no longer possible.

What is the Statute of Limitations for Civil Claims Against the Person Who Abused Me?

Massachusetts law allows survivors of childhood sexual abuse to bring civil lawsuits, or claims for financial compensation, against your abuser. These can be filed in addition to, or instead of, a criminal case. In Massachusetts,  the statute of limitations to bring suit against your abuser is as follows:

• If you were sexually abused as a child (under age 18), you have 35 years from the date of the abuse to file suit, or
• Seven years from when you discovered (or reasonably should have discovered) that the abuse caused emotional or psychological harm, whichever of these deadlines comes later 

Importantly, the clock doesn’t start ticking until you turned 18. In practical terms, this means that you can bring a lawsuit against your abuser until you’re around 53 years old, depending on your circumstances. Under current law, you may not file a civil claim against your abuser after this limit has expired.

What is the Statute of Limitations for Civil Claims Against an Institution That Failed to Protect Me From Abuse?

You may also be able to bring a civil claim against an institution, such as a school, church, youth organization, or residential treatment facility, if it failed to protect you from sexual abuse. This applies to situations where, for example, an institution didn’t properly supervise the person who abused you, or an organization’s actions or inactions allowed the abuse to happen. In such situations, Massachusetts child sexual abuse law applies differently depending on when the abuse occurred:

• If the abuse took place AFTER June 26, 2014, you have 35 years from the date of the abuse, or until age 53, to bring suit against the person who abused you, the abuser’s employer/supervisor, or someone else who allowed the abuse to occur
• If the abuse took place BEFORE June 26, 2014, you may still bring suit against your abuser, but NOT against the the abuser’s employer/supervisor, or someone else who allowed the abuse to occur
• As above, you may also file suit against both your abuser and those who allowed the abuse to happen within seven years from when you first discovered (or reasonably should have discovered) that the abuse caused emotional or psychological harm, whichever of these deadlines comes later 

Are There Limits on Financial Compensation in Massachusetts?

Yes, some Massachusetts laws place limits (“caps”) on how much money certain organizations can be required to pay:

• Charitable organizations may have liability capped at $20,000 for certain claims tied to their charitable activities
• Volunteer directors and trustees of nonprofit educational institutions are generally protected from liability unless their conduct was willful or reckless
• Nonprofit healthcare providers may have liability capped at $100,000 for medical malpractice claims
• Public employers are generally capped at $100,000, with limited exceptions

Move Forward at Your Own Pace But be Mindful of Statutes of Limitations

We understand that survivors of abuse may be reluctant to come forward and pursue a legal claim, however, we encourage you to take the important first step in holding your abuser accountable before it’s too late. You can take the precautionary step of filing your claim before the statute of limitations runs out, even if you later decide not to pursue the case.

At Shepard O’Donnell, our sex abuse attorneys represent both women and men who are looking to hold perpetrators, and the institutions that employ(ed) them, accountable for their reprehensible actions. We would be glad to explain what’s involved in the process of filing a claim and answer any additional questions you may have. Our team includes a dedicated in-house victim advocate and we are committed to protecting your confidentiality and ensuring that you feel safe and supported throughout the legal process. 

Frequently Asked Questions

Do I have to report the abuse right away?

No. Many survivors are not able to talk about what happened until much later in life. Massachusetts law recognizes this and allows time to come forward, but there is still a statute of limitations. 

Can I still take action if the abuse happened decades ago?

Possibly. Whether a claim is still possible depends on your age, when the abuse occurred, and when you discovered its impact.

What is the difference between a criminal case and a civil case?

• Criminal cases are brought by the state and can result in jail time for the offender.
• Civil cases are brought by survivors and seek financial compensation and accountability.

You may pursue one, both, or neither.

Can I sue an institution that allowed the abuse to happen?

Yes. If an organization failed to supervise, ignored warning signs, or otherwise contributed to the abuse, you may have a claim against that institution.

What if I was abused by someone who worked for a school, church, or residential treatment facility?

You may have claims against both the individual who harmed you and the organization that employed or supervised them.

Are there limits on how much compensation I can receive?

Some organizations, such as charities, nonprofits, and public entities, have legal caps on damages. These rules are complex and depend on the facts of your case.

What if I don’t remember everything clearly?

That is very common. Trauma can affect memory. You do not need perfect recall to seek information or explore your options.

Do I have to decide right now?

No. Learning about your rights does not commit you to any course of action. You can take your time and move forward only when and if you feel ready.