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Sex Abuse SOL

KENTUCKY CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

CHILD USA has diligently tracked SOL Reform in all 50 states for years! We have the answer to your state-specific SOL questions. Our Legal team has compiled your go-to resource book to get started on your SOL legal research, available in e-book or hard cover versions.

When you add CHILD USA’s CSA SOL History Treatise to our 2025 SOL Tracker, you have robust research to back up your investigation into the SOL for each client.

Current Civil SOL

The civil SOL for CSA, trafficking, and CSAM claims in Kentucky is age 28 against all defendants, with 10-year discovery and criminal conviction rules.

Civil SOL Snapshot
Age Cap

CSA: AGE 28 

TRAFFICKING: AGE 28

CSAM: AGE 28
Revival Law NONE
Discovery Tolling 10 YEARS

Current Criminal SOL

CSA: There is no SOL for CSA felonies, and the SOL for misdemeanor sex offenses is age 28. 

Trafficking: There is no SOL for trafficking felonies, and the SOL for misdemeanor trafficking offenses is age 28.

CSAM: There is no SOL for CSAM felonies, and the SOL for misdemeanor CSAM offenses is age 28.

Criminal SOL Snapshot
CSA NO SOL
Trafficking NO SOL
CSAM NO SOL

Current Kentucky Civil Law

KY. REV. STAT. § 413.249 - ACTION RELATING TO CHILDHOOD SEXUAL ABUSE OR CHILDHOOD SEXUAL ASSAULT
(1) As used in this section:
(a) “Childhood sexual assault or abuse” means an act or series of acts against a person less than eighteen (18) years old and which meets the criteria defining a misdemeanor or felony in:
1. KRS Chapter 510;
2. KRS 529.040 when the defendant advances or profits from the prostitution of a minor;
3. KRS 529.100 when the offense involves commercial sexual activity;
4. KRS 529.110 when the offense involves commercial sexual activity;
6. KRS Chapter 531 involving a minor or depiction of a minor; or
7. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit any of the offenses described in subparagraphs 1. to 6. of this paragraph.
No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action for redress of childhood sexual assault or abuse;
(b) “Entity” means a firm, partnership, company, corporation, trustee, association, or any private or public entity, including the Commonwealth, a city, county, urban-county, consolidated local government, unified local government, or charter county government, or any of their agencies, departments, or any KRS 58.180 nonprofit nonstock corporation; and
(c) “Injury or illness” means either a physical or psychological injury or illness.
(2) A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought before whichever of the following periods last expires:
(a) Within ten (10) years of the commission of the act or the last of a series of acts by the same perpetrator;
(b) Within ten (10) years of the date the victim knew, or should have known, of the act;
(c) Within ten (10) years after the victim attains the age of eighteen (18) years; or
(d) Within ten (10) years of the conviction of a civil defendant for an offense included in the definition of childhood sexual assault or abuse.
(3) The time periods set forth in subsection (2) of this section shall apply to a civil action for recovery of damages for injury or illness against;
(a) A person alleged to have committed the act of childhood sexual assault or abuse; or
(b) An entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual assault or abuse that resulted in the injury to the plaintiff.
(4) If a complaint is filed alleging that an act of childhood sexual assault or abuse occurred more than ten (10) years prior to the date that the action is commenced, the complaint shall be accompanied by a motion to seal the record and the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until:
(a) The court rules upon the motion to seal;
(b) Any motion to dismiss under CR 12.02 is ruled upon, and if the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed unless opened by a higher court; or
(c) The defendant files an answer and a motion to seal the record upon grounds that a valid factual defense exists, to be raised in a motion for summary judgment pursuant to CR 56. The record shall remain sealed by the clerk until the court rules upon the defendant’s motion to close the record. If the court grants the motion to close, the record shall remain sealed until the defendant’s motion for summary judgment is granted. The complaint, motions, and other related papers or pleadings shall remain sealed unless opened by a higher court.
(5) A victim of childhood sexual assault or abuse shall not have a cause of action against a third party, unless the third party failed to act as a reasonable person or entity in complying with their duties to the victim. If a victim of childhood sexual assault or abuse has a cause of action under this section, the cause of action shall be commenced within the time period set forth in subsection (2) of this section.
(6) (a) Neither the husband-wife nor any professional-client/patient privilege, except the attorney-client and clergy-penitent privilege, shall be a ground for excluding evidence regarding childhood sexual assault or abuse or the cause thereof when an exception to the Kentucky Rules of Evidence is met, in any judicial proceeding. This subsection shall also apply in any criminal proceeding in District or Circuit Court regarding childhood sexual assault or abuse.
(b) As used in paragraph (a) of this subsection, the clergy-penitent privilege is limited to information received solely through confidential communications with a clergy member, privately or in a confessional setting, when in the course of the discipline or practice of the clergy member’s church, denomination, or organization, he or she is authorized or accustomed to hearing those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
(7) (a) As was its intention with the passage of 2017 Ky. Acts ch. 114, sec. 2, the General Assembly hereby states that the amendments enacted in 2017 Ky. Acts ch. 114, sec. 2 shall be applied retroactively to actions accruing before its effective date of June 29, 2017. This section is a remedial statute which is to be given the most liberal interpretation to provide remedies for victims of childhood sexual assault or abuse.
(b) Notwithstanding any provision of law to the contrary, any claim for childhood sexual assault or abuse that was barred as of March 23, 2021, because the applicable statute of limitations had expired is hereby revived, and the action may be brought if commenced within five (5) years of the date on which the applicable statute of limitations expired.
KY. REV. STAT. § 413.140(1)(A) - ACTIONS TO BE BROUGHT WITHIN ONE YEAR

(1) The following actions shall be commenced within one (1) year after the cause of action accrued:
(a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant;
(b) An action for injuries to persons, cattle, or other livestock by railroads or other corporations, with the exception of hospitals licensed pursuant to KRS Chapter 216;
(c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal conversation, or breach of promise of marriage;
(d) An action for libel or slander;
(e) An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence or malpractice;
(f) A civil action, arising out of any act or omission in rendering, or failing to render, professional services for others, whether brought in tort or contract, against a real estate appraiser holding a certificate or license issued under KRS Chapter 324A or a real estate broker or sales associate holding a license issued under KRS Chapter 324;
(g) An action for the escape of a prisoner, arrested or imprisoned on civil process;
(h) An action for the recovery of usury paid for the loan or forbearance of money or other thing, against the loaner or forbearer or assignee of either;
(i) An action for the recovery of stolen property, by the owner thereof against any person having the same in his possession;
(j) An action for the recovery of damages or the value of stolen property, against the thief or any accessory;
(k) An action arising out of a detention facility disciplinary proceeding, whether based upon state or federal law;
(l) An action for damages arising out of a deficiency, defect, omission, error, or miscalculation in any survey or plat, whether brought in tort or contract, against a licensed professional land surveyor holding a license under KRS Chapter 322;
(m) An action for violating KRS 311.782; and
(n) An action for violating KRS 311.731.

(2) In respect to the action referred to in paragraph (e) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time the injury is first discovered or in the exercise of reasonable care should have been discovered; provided that such action shall be commenced within five (5) years from the date on which the alleged negligent act or omission is said to have occurred.

(3) In respect to the action referred to in paragraph (f) or (l) of subsection (1) of this section, the cause of action shall be deemed to accrue within one (1) year from the date of the occurrence or from the date when the cause of action was, or reasonably should have been, discovered by the party injured.

(4) In respect to the action referred to in paragraph (h) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time of payment. This limitation shall apply to all payments made on all demands, whether evidenced by writing or existing only in parol.

(5) In respect to the action referred to in paragraph (i) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time the property is found by its owner.

(6) In respect to the action referred to in paragraph (j) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time of discovery of the liability.

(7) In respect to the action referred to in paragraph (k) of subsection (1) of this section, the cause of action shall be deemed to accrue on the date an appeal of the disciplinary proceeding is decided by the institutional warden.

(8) In respect to the action referred to in subsection (1)(m) and (n) of this section, the cause of action shall be deemed to accrue after the performance or inducement or attempt to perform or induce the abortion.

CASE LAW

Roman Catholic Diocese v. Secter, 966 S.W.2d 286, 289 (Ky. Ct. App. 1998).

Rigazio v. Archdiocese of Louisville, 853 S.W.2d 295, 296 (Ky. Ct. App. 1993).

Current Kentucky Criminal Law

KY. REV. STAT. ANN. § 500.050 - TIME LIMITATIONS
(1) Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.
(2) Except as otherwise expressly provided, the prosecution of an offense other than a felony must be commenced within one (1) year after it is committed.
(3) (a) For a misdemeanor sex offense when the victim is a minor at the time of the offense, the prosecution of the offense shall be commenced within ten (10) years after the victim attains the age of eighteen (18) years.
(b) As used in paragraph (a) of this subsection, “misdemeanor sex offense” means a misdemeanor offense in:
1. KRS Chapter 510;
2. KRS Chapter 531 involving a minor or depiction of a minor; or
3. KRS 506.010 or 506.030 for attempt to commit or solicitation to commit:
a. Any of the offenses described in subparagraphs 1. and 2. of this paragraph;
b. Promoting prostitution under KRS 529.040 when the defendant advances or profits from the prostitution of a minor;
c. Human trafficking involving commercial sexual activity under KRS 529.100;
d. Promoting human trafficking involving commercial sexual activity under KRS 529.110; or
e. Unlawful transaction with a minor in the first degree under KRS 530.064(1)(a).
(4) For purposes of this section, an offense is committed either when every element occurs, or if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated.
CASE LAW

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

Last Updated: February 27, 2024