WISCONSIN

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

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CURRENT CIVIL SOL

CSA: The civil SOL for CSA claims against perpetrators is age 35. The SOL against other types of defendants is age 20, with a narrow exception for negligent supervision claims against religious organizations for clergy abuse, which have an SOL of age 35.

Trafficking: The SOL for trafficking claims is age 20.

CSAM: The SOL for CSAM claims is age 20.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: Age 35

Trafficking: Age 20

CSAM: Age 20

REVIVAL LAW

None

DISCOVERY TOLLING

Narrow common-law discovery rule for incest

CURRENT WISCONSIN CIVIL LAW

Wis. Stat. Ann. § 893.57 - Intentional torts

An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred.

Wis. Stat. Ann. § 893.587 - Sexual assault of a child; limitation

An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.

Wis. Stat. Ann. § 893.16 - Person under disability

(1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may be commenced within 2 years after the disability ceases, except that where the disability is due to mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years.

(2) Subsection (1) does not shorten a period of limitation otherwise prescribed.

(3) A disability does not exist, for the purposes of this section, unless it existed when the cause of action accrues.

(4) When 2 or more disabilities coexist at the time the cause of action accrues, the 2-year period specified in sub. (1) does not begin until they all are removed.

(5) This section applies only to statutes in this chapter limiting the time for commencement of an action or assertion of a defense or counterclaim except it does not apply to:

(a) Actions for the recovery of a penalty or forfeiture or against a sheriff or other officer for escape;

(b) Extend the time limited by s. 893.33, 893.41, 893.59, 893.62, 893.73 to 893.76, 893.77(3), 893.86 or 893.91 or subch. VIII for commencement of an action or assertion of a defense or counterclaim; or

Case law

CURRENT CRIMINAL SOL

CSA: There is no SOL for some first-degree CSA felonies, an SOL of age 45 for other CSA felonies, and 3 years from the offense for misdemeanors.

Trafficking: The SOL for trafficking is age 45.

CSAM: The SOL for CSAM violations is age 45.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

CSA	NO SOL
TRAFFICKING	AGE 45
CSAM	AGE 45

CURRENT WISCONSIN CRIMINAL LAW

Wis. Stat. Ann. § 939.74 - Time limitations on prosecutions

(1) Except as provided in subs. (2) and (2d) and s. 946.88(1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed.

(2) Notwithstanding that the time limitation under sub. (1) has expired:

(a)1. A prosecution under s. 940.01, 940.02, 940.03, 940.05, 940.225(1), 948.02(1), or 948.025(1)(a), (b), (c), or (d) may be commenced at any time.

2. A prosecution for an attempt to commit a violation of s. 940.01, 940.05, 940.225(1), or 948.02(1) may be commenced at any time.

(am) A prosecution under s. 940.06 may be commenced within 15 years after the commission of the violation.

(ar) A prosecution for a violation of s. 940.225(2) or (3) may be commenced within 10 years after the commission of the violation.

(b) A prosecution for theft against one who obtained possession of the property lawfully and subsequently misappropriated it may be commenced within one year after discovery of the loss by the aggrieved party, but in no case shall this provision extend the time limitation in sub. (1) by more than 5 years.

(c) A prosecution for violation of s. 948.02(2), 948.025(1)(e), 948.03(2)(a) or (5)(a)1., 2., or 3., 948.05, 948.051, 948.06, 948.07(1), (2), (3), or (4), 948.075, 948.08, 948.081, 948.085, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d).

(cm) A prosecution for violation of s. 948.03(2)(b) or (c), (3), (4), or (5)(a)4. or 5., 948.04 or 948.07(5) or (6) shall be commenced before the victim reaches the age of 26 years or be barred, except as provided in sub. (2d).

(2d)(a) In this subsection, “deoxyribonucleic acid profile” means an individual’s patterned chemical structure of genetic information identified by analyzing biological material that contains the individual’s deoxyribonucleic acid.

(am) For purposes of this subsection, crimes are related if they are committed against the same victim, are proximate in time, and are committed with the same intent, purpose, or opportunity so as to be part of the same course of conduct.

(c) If, before the applicable time limitation under sub. (1) or (2)(am), (ar), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948, other than a felony specified in sub. (2)(a), expires, the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for the felony or a crime that is related to the felony or both within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.

(e) If, within 6 years after commission of a felony specified under sub. (2)(a), the state collects biological material that is evidence of the identity of the person who committed the felony, identifies a deoxyribonucleic acid profile from the biological material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons, the state may commence prosecution of the person who is the source of the biological material for a crime that is related to the felony within 12 months after comparison of the deoxyribonucleic acid profile relating to the felony results in a probable identification of the person or within the applicable time under sub. (1) or (2), whichever is latest.

(3) In computing the time limited by this section, the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information has been filed.

(4) In computing the time limited by this section, the time during which an alleged victim under s. 940.22(2) is unable to seek the issuance of a complaint under s. 968.02 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.

Case Law

State v. MacArthur, 750 N.W.2d 910, 915 (Wis. 2008) (1997 amendment increased statute of limitation for prosecution to time that “victim reaches the age of 31”.).

The information provided is solely for informational purposes and is not legal advice. To determine the Wisconsin SOL in a particular case, contact a lawyer in the state.

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Last Updated: December 5, 2023