IOWA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
The civil SOL for CSA, trafficking, and CSAM claims is age 19 against all defendants, with some limited rules for abuse by a counselor, instructor, or school employee, and a discovery rule of 2 to 4 years.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: AGE 19 TRAFFICKING: AGE 19 CSAM: AGE 19 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 2-4 YEARS |
Civil SOL History
Age Cap | |
1990 | SOL of age 19 (age of majority, 18, plus 1 year) for CSA, trafficking, and CSAM under general personal injury statute. For sexual abuse/exploitation by a counselor or therapist, SOL of 5 years from the last treatment or age 19 (age of majority, 18, plus 1 year), whichever is later.[i] |
2003 | Extended the SOL for sexual abuse/exploitation by a school employee to the later of 5 years from the last treatment or the last date victim attended school, or age 19 (age of majority, 18, plus 1 year).[ii] |
2021 | Extended the SOL for sexual abuse/exploitation by an adult providing training or instruction to the later of 5 years from the last treatment or the last date victim attended school, or age 19 (age of majority, 18, plus 1 year).[iii] Also added a civil remedy for disclosure of private, sexually explicit images without consent and set the SOL at age 19 against all defendants.[iv] |
Revival Law | |
N/A | No window or other SOL revival law. |
Discovery | |
Common Law | In 1990, Iowa recognized a common law discovery rule of 2 years for CSA.[v] This discovery rule delays accrual of a cause of action until a person discovers or reasonably should have discovered the “nexus” between “some specific act or acts of sexual abuse” and “the claimed injuries.”[vi] The common law discovery rule is applicable to claims against all defendants—including some government entities.[vii] |
Statutory | Iowa added a statutory discovery rule in 1990 for CSA victims abused while under age fourteen.[viii] It gives these victims 4 years to file a claim “from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.”[ix] The statutory discovery rule applies to claims against perpetrators, individuals, and institutions, but not against some government entities.[x] In 2021 Iowa added a statutory cause of action for disclosure of private, sexually explicit images without consent and set the SOL for claims at 4 years from discovery or reasonable discovery of the disclosure, or age nineteen, whichever is later – against all defendants.[xi] |
[i] Iowa Code §§ 614.8 (1990) (majority tolling), 614.1 (1990) (SOL).
[ii] Id. at §§ 614.8 (2003) (majority tolling), 614.1 (2003) (SOL); 2003 Iowa Legis. Serv. Ch. 180 (H.F. 549).
[iii] Iowa Code §§ 614.8 (2021) (majority tolling), 614.1 (2021) (SOL); 2021 Iowa Legis. Serv. Ch. 102 (S.F. 562).
[iv] Iowa Code §§ 659A.3 (2021) (cause of action), 659A.7 (2021) (SOL); 2021 Iowa Legis. Serv. Ch. 56 (H.F. 233).
[v] See Doe v. Cherwitz, 518 N.W.2d 362, 363–64 (Iowa 1994) (applying common law discovery rule for adult sex abuse claim); Callahan v. State, 464 N.W.2d 268, 272 (Iowa 1990) (applying common law discovery rule in case against the state for child sex abuse under the Tort Claims Act).
[vi] Frideres v. Schiltz, 540 N.W.2d 261, 269 (Iowa 1995) (holding discovery rule is available for victim of child sex abuse who has always remembered some specific acts of abuse); Woodroffe v. Hasenclever, 540 N.W.2d 45, 49 (Iowa 1995) (clarifying inquiry notice considerations in application of common law discovery rule). See also Schlichte v. Schlichte, 828 N.W.2d 632 (Iowa Ct. App. 2013) (discussing inquiry notice).
[vii] See Callahan, supra note 357, at 272 (applying discovery rule to claims against the state under section 669 of the state Tort Claims Act). But cf. Doe v. New London Cmty. Sch. Dist., 848 N.W.2d 347, 360 (Iowa 2014) (finding “common law discovery rule does not apply to actions under the pre–2007 [Iowa Municipal Tort Claims Act]” against school district).
[viii] Frideres, supra note 358, at 267 (finding that the discovery rule found in Iowa Code section 614.8A applies to sexual abuse of a child, which means a child under age fourteen).
[ix] Iowa Code § 614.8A.
[x] Buszka v. Iowa City Cmty. Sch. Dist., 898 N.W.2d 202 (Iowa Ct. App. 2017) (concluding that the statutory discovery rule in Iowa Code section 614.8A is inapplicable to municipal tort claims against school district).
[xi] Iowa Code §§ 659A.3 (cause of action), 659A.7 (SOL); 2021 Iowa Legis. Serv. Ch. 56 (H.F. 233).
CURRENT IOWA CIVIL LAW
Iowa Code § 614.1 - Period
Iowa Code § 614.8A - Damages for child sexual abuse--time limitation
An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.
Iowa Code § 614.8 - Minors and persons with mental illness
Case law
CURRENT CRIMINAL SOL
There is no SOL for all CSA, trafficking, and CSAM felonies and misdemeanors.
CRIMINAL SOL SNAPSHOT
CSA | NO SOL |
TRAFFICKING | NO SOL |
CSAM | NO SOL |
Criminal SOL History
Age Cap | |
2002 | Age 28 (age of majority, 18, plus 10 years) for first, second, and third-degree sexual abuse, incest, and sexual exploitation.[i] Three years for CSAM violations.[ii] |
2005 | Enacted a DNA discovery rule, which extends the SOL for first, second, and third-degree sexual abuse to 3 years after the date the alleged perpetrator is identified via DNA.[iii] |
2014 | Extended the SOL for other sexual offenses, including CSAM violations, to age 28.[iv] |
2016 | Extended the SOL for sex trafficking to age 28 with a 3-year DNA discovery rule.[v] |
2019 | Extended the SOL for sexual abuse of a minor, incest and sexual exploitation to age 33 (age of majority, 18, plus 15 years).[vi] |
2021 | Eliminated the SOL for all CSA felonies and misdemeanors, including sexual abuse, incest, exploitation, trafficking, CSAM, and other sexual offenses.[vii] |
[i] Iowa Code §§ 802.2 (2002) (sexual abuse SOL), 802.2A (2002) (incest SOL).
[ii] Id. at § 802.3 (2002) (felony and aggravated or serious misdemeanor SOL).
[iii] Id. at §§ 802.2 (2005) (sexual abuse SOL), 802.2A (2005) (incest SOL).
[iv] Id. at § 802.2B (2014) (other sexual offenses SOL).
[v] Id. at § 802.2D (2016) (human trafficking SOL).
[vi] Id. at §§ 802.2 (2019) (sexual abuse SOL), 802.2A (2019) (incest SOL) ; 2019 Iowa Legis. Serv. Ch. 140 (S.F. 589).
[vii] Iowa Code §§ 802.2 (2021) (sexual abuse SOL), 802.2A (2021) (incest SOL), 802.2B (2021) (other sexual offenses SOL), 802.2D (2021) (human trafficking SOL); 2021 Iowa Legis. Serv. Ch. 102 (S.F. 562).
CURRENT IOWA CRIMINAL LAW
Iowa Code §§ 802.2 - Sexual abuse--first, second, or third degree
Iowa Code § 802.2A - Incest--sexual exploitation by a counselor, therapist, or school employee
Iowa Code § 802.2B - Other Sexual Offenses
An information or indictment for the following offenses committed on or with a person who is under the age of eighteen years shall be found within ten years after the person upon whom the offense is committed attains eighteen years of age, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be found within three years from the date the person is identified by the person’s DNA profile, whichever is later:
- Lascivious acts with a child in violation of section 709.8.
- Assault with intent to commit sexual abuse in violation of section 709.11.
- Indecent contact with a child in violation of section 709.12.
- Lascivious conduct with a minor in violation of section 709.14.
- Sexual misconduct with a juvenile in violation of section 709.16, subsection 2.
- Child endangerment in violation of section 726.6, subsection 4, 5, or 6.
- Sexual exploitation of a minor in violation of section 728.12.
Iowa Code § 802.2D - Human Trafficking
An information or indictment for human trafficking in violation of section 710A.2, committed on or with a person who is under the age of eighteen years may be commenced at any time after the commission of the offense.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Iowa SOL in a particular case, contact a lawyer in the state.
Last Updated: November 30, 2023