MICHIGAN
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: The civil SOL for CSA claims is age 28 with a 3-year discovery rule.
Trafficking: the civil SOL for trafficking claims is age 28.
CSAM: The civil SOL for CSAM claims is age 19.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: AGE 28 TRAFFICKING: AGE 28 CSAM: AGE 19 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 3 YEARS |
Civil SOL History
| Age Cap | |
| 1986 | SOL of age 19 for CSA, CSAM, and trafficking claims under general personal injury statute.[i] |
| 2018 | Extended the SOL for criminal sexual conduct to age 28, which includes CSA and trafficking claims.[ii] |
| Revival Law | |
| 2018 | Opened a 90-day revival window from June 12, 2018, until September 5, 2018 for post-1996 offenses that would only apply to cases where the perpetrator was a physician who had been convicted of sexual misconduct under the guise of a medical procedure—essentially limiting the revival window to victims of Larry Nassar.[iii] |
| Discovery | |
| Common Law | Michigan only recognizes a common law discovery rule for CSA, as of 1997, if a defendant admitted to the abuse.[iv] |
| Statutory | In 2018, Michigan adopted a 3-year statutory discovery rule, which runs from “the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual’s injury and the causal relationship between the injury and the criminal sexual conduct.”[v] This discovery rule appears to apply to claims against all types of defendants.[vi] |
[i] Mich. Comp. Laws Ann. §§ 600.5805 (1986) (SOL), 600.5851 (1986) (minority tolling), 600.5851b (1986) (SOL).
[ii] Id. at §§ 600.5805 (1986) (SOL), 600.5851 (1986) (minority tolling), 600.5851b (1986) (SOL).
[iii] Id. at §§ 600.5805 (2018) (SOL), 600.5851 (2018) (minority tolling), 600.5851b (2018) (SOL); 2018 Mich. Legis. Serv. P.A. 183 (S.B. 872).
[iv] Lemmerman v. Fealk, 534 N.W.2d 695, 703 (Mich. 1995) (holding “that neither the discovery rule nor the statutory grace period for persons suffering from insanity extends the limitation period for tort actions allegedly delayed because of repression of memory of the assaults underlying the claims.”). But see Meiers-Post v. Schafer, 427 N.W.2d 606, 610 (Mich. Ct. App. 1988) (determining “the SOLs can be tolled under the insanity clause if (a) plaintiff can make out a case that she has repressed the memory of the facts upon which her claim is predicated, . . . and (b) there is corroboration for plaintiff’s testimony that the sexual assault occurred.”); Demeyer v. Archdiocese of Detroit, No. 189716, 1997 WL 33353353, at *1 (Mich. Ct. App. Feb. 28, 1997) (recognizing discovery rule may apply to toll the SOL if there are “[e]xpress and unequivocal admissions” by defendants) vacated, 587 N.W.2d 637 (Mich. 1998) (citing Lemmerman, supra note 492 at n.15).
[v] Mich. Comp. Laws Ann. § 600.5851b (2021).
[vi] See Denhollander v. Michigan State Univ., No. 1:17-CV-29, 2018 WL 9945982, at *1 (W.D. Mich. Sept. 7, 2018).
CURRENT MICHIGAN CIVIL LAW
Mich. Comp. Laws Ann. § 600.5805 - Injuries to persons or property
Mich. Comp. Laws Ann. § 600.5851b - Minor victims of criminal sexual conduct
Sec. 5851b. (1) Notwithstanding sections 5805 and 5851,1 an individual who, while a minor, is the victim of criminal sexual conduct may commence an action to recover damages sustained because of the criminal sexual conduct at any time before whichever of the following is later:
(a) The individual reaches the age of 28 years.
(b) Three years after the date the individual discovers, or through the exercise of reasonable diligence should have discovered, both the individual’s injury and the causal relationship between the injury and the criminal sexual conduct.
(2) For purposes of subsection (1), it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the conduct or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication.
(3) Regardless of any period of limitation under subsection (1) or sections 5805 or 5851, an individual who, while a minor, was the victim of criminal sexual conduct after December 31, 1996 but before 2 years before the effective date of the amendatory act that added this section may commence an action to recover damages sustained because of the criminal sexual conduct within 90 days after the effective date of the amendatory act that added this section if the person alleged to have committed the criminal sexual conduct was convicted of criminal sexual conduct against any person under section 520b of the Michigan penal code, 1931 PA 328, MCL 750.520b, and the defendant admitted either of the following:
(a) That the defendant was in a position of authority over the victim as the victim’s physician and used that authority to coerce the victim to submit.
(b) That the defendant engaged in purported medical treatment or examination of the victim in a manner that is, or for purposes that are, medically recognized as unethical or unacceptable.
(4) This section does not limit an individual’s right to bring an action under section 5851.
(5) As used in this section:
(a) “Adjudication” means that term as defined in section 5805.
(b) “Criminal sexual conduct” means that term as defined in section 5805.
Mich. Comp. Laws Ann. § 600.5851 - Disabilities of infancy or insanity at accrual of claim; year of grace; tacking; removal of infancy disability; medical malpractice exception; application to imprisonment disability
Sec. 5851. (1) Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852.
(2) The term insane as employed in this chapter means a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know and is not dependent on whether or not the person has been judicially declared to be insane.
(3) To be considered a disability, the infancy or insanity must exist at the time the claim accrues. If the disability comes into existence after the claim has accrued, a court shall not recognize the disability under this section for the purpose of modifying the period of limitations.
(4) A person shall not tack successive disabilities. A court shall recognize only those disabilities that exist at the time the claim first accrues and that disable the person to whom the claim first accrues for the purpose of modifying the period of limitations.
(5) A court shall recognize both of the disabilities of infancy or insanity that disable the person to whom the claim first accrues at the time the claim first accrues. A court shall count the year of grace provided in this section from the termination of the last disability to the person to whom the claim originally accrued that has continued from the time the claim accrued, whether this disability terminates because of the death of the person disabled or for some other reason.
(6) With respect to a claim accruing before the effective date of the age of majority act of 1971, Act No. 79 of the Public Acts of 1971, being sections 722.51 to 722.55 of the Michigan Compiled Laws, the disability of infancy is removed as of the effective date of Act No. 79 of the Public Acts of 1971, as to persons who were at least 18 years of age but less than 21 years of age on January 1, 1972, and is removed as of the eighteenth birthday of a person who was under 18 years of age on January 1, 1972.
(7) Except as otherwise provided in subsection (8), if, at the time a claim alleging medical malpractice accrues to a person under section 5838a the person has not reached his or her eighth birthday, a person shall not bring an action based on the claim unless the action is commenced on or before the person’s tenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her eighth birthday, he or she is subject to the period of limitations set forth in section 5838a.
(8) If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has not reached his or her thirteenth birthday and if the claim involves an injury to the person’s reproductive system, a person shall not bring an action based on the claim unless the action is commenced on or before the person’s fifteenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her thirteenth birthday and the claim involves an injury to the person’s reproductive system, he or she is subject to the period of limitations set forth in section 5838a.
(9) If a person was serving a term of imprisonment on the effective date of the 1993 amendatory act that added this subsection, and that person has a cause of action to which the disability of imprisonment would have been applicable under the former provisions of this section, an entry may be made or an action may be brought under this act for that cause of action within 1 year after the effective date of the 1993 amendatory act that added this subsection, or within any other applicable period of limitation provided by law.
(10) If a person died or was released from imprisonment at any time within the period of 1 year preceding the effective date of the 1993 amendatory act that added this subsection, and that person had a cause of action to which the disability of imprisonment would have been applicable under the former provisions of this section on the date of his or her death or release from imprisonment, an entry may be made or an action may be brought under this act for that cause of action within 1 year after the date of his or her death or release from imprisonment, or within any other applicable period of limitation provided by law.
(11) As used in this section, “release from imprisonment” means either of the following:
(a) A final release or discharge from imprisonment in a county jail.
(b) Release on parole or a final release or discharge from imprisonment in a state or federal correctional facility.
Case law
CURRENT CRIMINAL SOL
CSA: There is no SOL for first degree criminal sexual conduct, while the SOL is either age 21, 25, or 28 for other crimes, with a DNA rule.
Trafficking: There is no SOL for trafficking.
CSAM: The SOL for CSAM is the later of 10 years from the offense or age 21.
CRIMINAL SOL SNAPSHOT
CSA | No SOL |
TRAFFICKING | No SOL |
CSAM | Age 21 or 10 years from the offense, whichever is later |
Criminal SOL History
| Age Cap | |
| 2001 | Eliminated the criminal SOL for first-degree criminal sexual conduct. All other felonies and misdemeanors, including CSA, trafficking and CSAM, had an SOL of 10 years from the offense or from DNA identification, or age 21, whichever is later.[i] |
| 2014 | Eliminated the SOL for trafficking offenses punishable by life imprisonment and extended the SOL 25 years from the offense for the remaining trafficking crimes.[ii] |
| 2018 | Extended the SOL for second and third-degree criminal sexual conduct to 15 years from the offense or from DNA identification, or age 28, whichever is later.[iii] |
[i] Mich. Comp. Laws Ann. § 767.24 (2001) (SOL).
[ii] Id. at § 767.24 (2014) (SOL).
[iii] Id. at § 767.24 (2018) (SOL).
CURRENT MICHIGAN CRIMINAL LAW
Mich. Comp. Laws Ann. § 767.24 - Limitation of actions; extension or tolling
Sec. 24. (1) An indictment for any of the following crimes may be found and filed at any time:
(a) Murder, conspiracy to commit murder, or solicitation to commit murder, or criminal sexual conduct in the first degree.
(b) A violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is punishable by imprisonment for life.
(c) A violation of chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.462a to 750.462h, that is punishable by imprisonment for life.
(d) A violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, that is punishable by imprisonment for life.
(2) An indictment for a violation or attempted violation of section 13, 462b, 462c, 462d, or 462e of the Michigan penal code, 1931 PA 328, MCL 750.13, 750.462b, 750.462c, 750.462d, and 750.462e, may be found and filed within 25 years after the offense is committed. This subsection shall be known as “Theresa Flores’s Law”.
(3) Except as provided in subsection (4) for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, in which the victim is under 18 years of age, an indictment for a violation or attempted violation of section 136, 136a, 145c, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.136, 750.136a, 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim’s twenty-first birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim’s twenty-first birthday, whichever is later.
(4) An indictment for a violation of section 520c or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520d, in which the victim is under 18 years of age may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 15 years after the offense is committed or by the alleged victim’s twenty-eighth birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 15 years after the individual is identified or by the alleged victim’s twenty-eighth birthday, whichever is later.
(5) As used in subsections (3) and (4):
(a) “DNA” means human deoxyribonucleic acid.
(b) “Identified” means the individual’s legal name is known and he or she has been determined to be the source of the DNA.
(6) An indictment for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, armed robbery, or first-degree home invasion may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed.
(b) If the offense is reported to a police agency within 1 year after the offense is committed and the individual who committed the offense is unknown, an indictment for that offense may be found and filed within 10 years after the individual is identified. This subsection shall be known as Brandon D’Annunzio’s law. As used in this subsection, “identified” means the individual’s legal name is known.
(7) An indictment for identity theft or attempted identity theft may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 6 years after the offense is committed.
(b) If evidence of the offense is obtained and the individual who committed the offense has not been identified, an indictment may be found and filed at any time after the offense is committed, but not more than 6 years after the individual is identified.
(8) As used in subsection (7):
(a) “Identified” means the individual’s legal name is known.
(b) “Identity theft” means 1 or more of the following:
(i) Conduct prohibited in section 5 or 7 of the identity theft protection act, 2004 PA 452, MCL 445.65 and 445.67.
(ii) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328.1
(9) An indictment for false pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud may be found and filed within 10 years after the offense was committed or within 10 years after the instrument affecting real property was recorded, whichever occurs later.
(10) All other indictments may be found and filed within 6 years after the offense is committed.
(11) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.
(12) The extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Michigan SOL in a particular case, contact a lawyer in the state.
Last Updated: December 4, 2023