Statute of Limitations for Foster Care Sexual Abuse Cases in Washington

Washington law sets deadlines for many civil lawsuits arising from foster care sexual abuse. The deadline can be complicated to determine and may vary from one abuse victim to another. But if you wait too long, you could lose your right to file. Our Washington foster care sexual abuse law firm is ready to guide you in seeking compensation.

Victims who allege foster care sexual abuse do not always have an unlimited amount of time to file a civil lawsuit. A deadline known as the statute of limitations may require victims to take action before a certain date or risk losing their right to seek compensation. Understanding the applicable deadline, along with any exceptions that may apply, is important to protecting your legal claim.

If you or a loved one experienced sexual abuse in the foster care system, you should not delay seeking legal counsel. Speak with a Washington foster sexual abuse attorney. Our firm can review the unique facts of your case and advocate for your rights with the professionalism and compassion that you deserve.

How Long Do You Have to File a Washington Foster Care Sexual Abuse Lawsuit?

The exact deadline will depend on the circumstances of the abuse, especially when it occurred. For claims covered by RCW 4.16.340, including foster care sexual abuse, if the abuse happened before June 6, 2024, a lawsuit must usually be filed within one of the following three time periods, whichever is latest:

• Three years after the act alleged to have caused the injury or condition
• Three years after the victim discovered or reasonably should have discovered that the injury or condition was caused by the abusive act
• Three years after the victim discovered that the abusive act caused the specific injury for which they are filing the lawsuit

These time limits are tolled, or delayed, until the victim turns 18.

As for sexual abuse that occurred in the foster care system on or after June 6, 2024, Washington law does not impose a time limit for claims based on intentional conduct for injuries resulting from qualifying childhood sexual abuse.

Are There Any Exceptions That May Extend the Statute of Limitations?

Childhood sexual abuse victims often do not immediately understand that they have been victimized. For instance, some victims repress harmful and violent memories for years. Because of this, the applicable statute of limitations may depend on when the victim either discovered or reasonably should have discovered that the abuse caused an injury or condition.

In addition, the statute of limitations is tolled until the child reaches the age of 18. This may allow more time to file a lawsuit. Also, whatever knowledge the child’s parent or guardian may have of the abuse is not automatically attributable to the child.

There are many situations in which a foster child is subjected to not just one but a series of sexually abusive acts. Washington’s statute of limitations does not require the victim to identify which specific act caused the injury and then compute the applicable deadline from that date. If the abuse involved a series of continuing abusive acts by the same perpetrator, as part of a common scheme or plan, the date of discovery may be based on when the victim discovered the last act in that series.

What Happens If the Deadline to File a Lawsuit Has Passed?

If the victim waits too long and the applicable deadline to file a foster care sexual abuse claim passes, the court may dismiss the lawsuit. This could prevent the victim from pursuing the lawsuit.

However, even if you think that you’ve waited too long to take action, you should speak with a skilled Washington foster sexual abuse lawyer. The statute of limitations and exceptions are complicated, and every case of abuse is unique. So don’t assume too much time has passed.

You may also have separate claims against various parties, such as a foster care agency or governmental unit, and different deadlines or procedural requirements may apply. If you experienced abuse, even if it was a long time ago, reach out to our Washington foster sexual abuse attorneys.

FAQs: Washington Foster Care Sexual Abuse and the Statute of Limitations

Can I still file a lawsuit even if I did not report the abuse at the time?

Yes. Not reporting the abuse does not necessarily prevent you from filing a lawsuit. Survivors often do not report the incident right away due to fear, shame, threats, or concerns that no one will believe them. Some survivors do not recognize the abuse or its connection to their injuries until years later. Whether you can file now depends on the specific facts of your abuse and any applicable deadlines.

What if the foster care sexual abuse happened decades ago?

You may still have options. Washington’s laws include specific provisions for determining when the statute of limitations begins to run, including in cases in which the victim discovers, years after the abuse, the connection between it and the injury they experience. Even if significant time has passed since you were abused in the foster care system, talk to our Washington foster sexual abuse law firm.

Is the civil statute of limitations the same as the criminal statute of limitations?

No. The statute of limitations for civil lawsuits is distinct from the statute of limitations for criminal prosecution. Some criminal offenses can be prosecuted at any time, while others are subject to time limits. A victim should never assume that the two sets of deadlines are identical, or that the applicable deadline in their case has passed.

Compassionate Legal Guidance for the Victims of Foster Care Sexual Abuse

Sexual abuse victims deserve justice, and our Washington foster sexual abuse lawyers want to assist them. If you or a loved one suffered abuse in the foster care system, reach out to Truitt and Lyons. Call us at 360-203-0560 or contact us online to schedule a free, confidential case consultation.