At Breit Biniazan, our mission is to provide survivors of child sexual abuse and sexual assault with the legal resources, guidance, and compassionate support they need to pursue justice. One of the most critical aspects survivors must understand is the statute of limitations. This legal rule can determine whether a civil lawsuit can be filed based on the date of the alleged misconduct. This page provides a comprehensive overview of Arizona’s laws related to this issue.
Kevin Biniazan, Esq.
Sexual Abuse Attorney
Breit Biniazan
301 E Bethany Home Road, C276
Phoenix, AZ 85012
Simply put, the statute of limitations is a set period during which a victim can legally file a lawsuit against the perpetrator or any involved institution. After this timeframe has elapsed, it becomes significantly more challenging to pursue a civil case.
Arizona recognizes the profound impact of child sexual abuse and has adjusted its laws accordingly. The state recently extended the timeline to allow survivors more time to come to terms with their trauma and seek legal action.
Victims have until their 30th birthday to file a civil lawsuit against their abuser or an institution that may have been negligent.
For incidents of abuse that occurred when the survivor was under the age of 18, a special "look-back window" was created. This window gives survivors who previously could not file due to expired statutes an opportunity to pursue justice.
Adult survivors of sexual assault in Arizona also face certain legal time restrictions:
Generally, survivors have a 2-year window to file a civil case, beginning from the date they recognize they were harmed by the assault. This recognition might be immediate or delayed due to trauma-induced factors.
There are unique circumstances that can affect the statute of limitations:
Delayed Discovery: If a survivor only realizes or acknowledges the abuse or its damaging effects later in life, the court might allow for a delay in the statute’s start.
Perpetrator’s Absence: If the alleged abuser left the state after committing the offense and before the lawsuit could be initiated, the time they were out of Arizona may not count toward the statute of limitations.
Even with extended timeframes, it's crucial for survivors to consider taking action as soon as they feel ready. Evidence can degrade or become lost over time, and eyewitness memories might fade, which can make it more challenging to build a strong case.
We at Breit Biniazan understand the weight of the decision to come forward about sexual abuse or assault. Our dedicated and compassionate team offers the following:
Confidential consultations: Speak with our legal professionals without any obligation.
In-depth case evaluations: Understand your potential legal avenues and how the statute of limitations applies to your specific situation.
Experienced legal representation: From evidence collection to courtroom advocacy, we stand by your side at every step.
The journey to healing and justice after experiencing child sexual abuse or assault is profoundly personal and challenging. Breit Biniazan is committed to guiding Arizona survivors through this legal process with empathy, respect, and unwavering dedication. If you or a loved one are seeking answers about Arizona's statute of limitations or need legal representation, please contact our team today.
This originally appeared at https://abuseguardian.com/sexual-assault-lawyer/arizona/statute-of-limitations-az-child-sex-abuse/