MASSACHUSETTS
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
In Massachusetts, the SOL for all civil CSA claims against any defendant is age fifty-three, with revival up to age fifty-three against perpetrators only, and a revival seven-year discovery rule against all defendants.
CIVIL SOL SNAPSHOT
AGE CAP |
AGE 53 |
DISCOVERY TOLLING |
7 YEARS |
REVIVAL LAW |
UP TO AGE 53 |
Liability Limitations: The State of Massachusetts is generally immune from CSA liability,[i] but actions relating to sexual abuse of a minor do not require a notice of claim.[ii] Massachusetts cannot be held liable for punitive damages or other damages exceeding $100,000.[iii] Where charitable immunity is available as a defense to claims alleging negligence against an institution in Massachusetts, a cap on tort damages of $20,000 applies if the tort was committed in the course of activity carried on to accomplish the purpose of the charitable organization.[iv]
Other Tolling Theories/Causes of Action: The theory of fraudulent concealment will toll an SOL where a fiduciary relationship exists, but courts have not directly addressed the doctrine’s application to claims arising from CSA.[v]
Civil SOL History
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Age Cap |
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2002 |
Age 21 (age of majority, 18, plus 3 years) for sexual abuse of a minor.[vi] |
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2010 |
Expanded the list of sexual abuse crimes the age 21 SOL applied to.[vii] |
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2011 |
Added a cause of action for sex trafficking with an SOL of age 21.[viii] |
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2014 |
Extended the SOL for sexual abuse to age 53 (age of majority, 18, plus 35 years).[ix] |
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Revival Law |
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2014 |
Revived CSA claims by all survivors up until they reach age 53, for claims against perpetrators only.[x] |
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Discovery |
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Common Law |
Since at least 1995, Massachusetts has recognized a common law discovery rule for CSA claims that delays accrual, so the 3-year SOL does not begin to run until a victim discovers their injuries were caused by abuse.[xi] |
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Statutory |
In 1993, Massachusetts adopted a statutory 3-year discovery rule, which only applied to perpetrators and ran from when a “victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by” their abuse.[xii] In 2014, the statutory discovery rule was extended to 7 years from discovery and was made applicable to claims against any type of defendant—including perpetrators, individuals, entities and the government.[xiii] The 2014 amendment was completely retroactive against perpetrators and non-perpetrators, reviving claims and giving a victim 7 years after discovering their injury was caused by the sex abuse to file suit.[xiv] |
[i] See Mass. Gen. Laws. Ann. ch. 258, § 10; Doe v. Fournier, 851 F.Supp.2d 207 (D. Mass. 2012) (concluding municipality and school officials were immune from liability because teacher’s CSA was outside the scope of his employment); Doe v. D’Agostino, 367 F.Supp.2d 157 (D. Mass. 2005) (finding school district immune from liability for negligence in preventing teacher’s sexual abuse of student); Doe v. Old Rochester Reg’l Sch. Dist., 56 F.Supp.2d 114 (D. Mass. 1999) (holding school district and administrators were immune from claim of breach of duty to prevent or mitigate teacher’s sexual abuse of student).
[ii] Mass Gen. Laws. Ann. ch. 258, § 4.
[iii] Mass Gen. Laws. Ann. ch. 258, § 2.
[iv] Mass. Gen. Laws Ann. ch. 231, § 85K (stating, “[i]t shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust, or association is or at the time the cause of action arose was a charity; provided, that if the tort was committed in the course of any activity carried on to accomplish directly the charitable purposes of such corporation, trust, or association, liability in any such cause of action shall not exceed the sum of twenty thousand dollars exclusive of interest and costs.”).
[v] Mass. Gen. Laws Ann. c. 260, § 12 (establishing that the applicable limitations period is tolled until the plaintiff has actual knowledge of either the harm or the fiduciary’s implicit or explicit repudiation of his or her obligations); Macharia v. City of Revere, 848 F. Supp. 2d 74 (D. Mass. 2012) (noting that if a party is deemed to know the facts upon which a claim rests, there can be no fraudulent concealment tolling the running of the SOL).
[vi] Mass. Gen. Laws Ann. ch. 260, §§ 2A (2002) (three-year SOL) & 4C (2002) (age fifty-three SOL).
[vii] Mass. Gen. Laws Ann. ch. 260, §§ 2A (2010) (three-year SOL) & 4C (2010) (age fifty-three SOL).
[viii] Mass. Gen. Laws Ann. ch. 260, § 4D (2011) (trafficking remedies).
[ix] Mass. Gen. Laws Ann. ch. 260, §§ 4C (2014) (age fifty-three SOL) & 4C1/2 (2014) (negligent supervision).
[x] Mass. Gen. Laws ch. 260, § 4C (2014) (age fifty-three SOL); 2014 Mass. Legis. Serv. Ch. 145 (H.B. 4126).
[xi] Mass. Gen. Laws Ann. ch. 260, § 2A (2013); Koe v. Mercer, 876 N.E.2d 831, 836 (Mass. 2007) (determining the cause of action did not accrue “‘until a plaintiff has first, an awareness of [his] injuries and, second, an awareness that the defendant caused [his] injuries.”’) (quoting Doe v. Creighton, 786 N.E.2d 1211, 1213 (Mass. 2003))); Phinney v. Morgan, 654 N.E.2d 77, 79 (Mass. App. Ct. 1995) (holding discovery rule applies to tort actions arising out of incestuous child abuse).
[xii] Mass. Gen. Laws Ann. ch. 260, § 4C (stating, “[a]ctions for assault and battery alleging the defendant sexually abused a minor shall be commenced . . . within three years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act”); Ross v. Garabedian, 742 N.E.2d 1046, 1048 (Mass. 2001) (discovery rule runs from when “plaintiff knew or should have known that he has been harmed by the defendant’s conduct”).
[xiii] Mass. Gen. Laws Ann. ch. 260, §§ 4C (2022) & 4C½ (2022); Lee v. Boston Pub. Sch., No. 15-CV-10811-LTS, 2016 WL 11372334, at *4, *12 (D. Mass. Feb. 1, 2016), (finding that the retroactive discovery rule eliminates the need for claim presentment for actions against the government, noting “[u]nder both sections the time period for commencing an action increased to 35 years from the abuse itself, or within seven years of learning of a basis for legal action, whichever comes later.”) report and recommendation adopted, No. 15-10811-LTS, 2016 WL 632198 (D. Mass. Feb. 17, 2016).
[xiv] Sliney v. Previte, 41 N.E.3d 732, 736 (Mass. 2015) (stipulating the seven-year discovery rule “shall apply regardless of when any such action or claim shall have accrued or been filed and regardless of whether it may have lapsed or otherwise be barred by time under the law of the commonwealth.”) (quoting 2014 Mass. Legis. Serv. Ch. 145 (H.B. 4126)).
CURRENT MASSACHUSETTS CIVIL LAW
Mass. Gen. Laws Ann. ch. 260 § 4C - Sexual abuse of minors
Actions of tort alleging the defendant sexually abused a minor shall be commenced within 35 years of the acts alleged to have caused an injury or condition or within 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age.
For purposes of this section, “sexual abuse” shall mean the commission of any act against a minor as set forth in section thirteen B, 13B ½, 13B ¾, thirteen H, twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, 24B or subsection (b) of section 50 of chapter two hundred and sixty-five or section two, three, four, four A, four B, seven, eight, thirteen, seventeen, twenty-nine A, thirty-four, thirty-five or thirty-five A of chapter two hundred and seventy-two.
Revival Window: sections 4 to 6, inclusive, of this act shall apply regardless of when any such action or claim shall have accrued or been filed and regardless of whether it may have lapsed or otherwise be barred by time under the law of the commonwealth.
2014 Mass. ALS 145, 2014 Mass. Ch. 145, 2013 Mass. H.B. 4126.
SECTION 8. Clause (i) of section 4C1/2 of chapter 260 of the General Laws shall be limited to all claims arising out of or based upon acts alleged to have caused an injury or condition to a minor which first occurred after the effective date of this act. Clause (ii) of said section 4C1/2 of said chapter 260 and sections 4 to 6, inclusive, of this act shall apply regardless of when any such action or claim shall have accrued or been filed and regardless of whether it may have lapsed or otherwise be barred by time under the law of the commonwealth.
Mass. Gen. Laws Ann. ch. 260 § 4C 1/2 - Negligent supervision or conduct causing or contributing to the sexual abuse of minor by another person
An action of tort alleging that the defendant negligently supervised a person who sexually abused a minor or that the defendant’s conduct caused or contributed to the sexual abuse of a minor by another person shall be commenced within the later to expire of: (i) 35 years of the acts alleged to have caused an injury or condition to such minor; or (ii) 7 years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by such act; provided, however, that the time limit for commencement of such an action under this section shall be tolled for a child until the child reaches 18 years of age. For purposes of this section, “sexual abuse” shall have the same meaning as in section 4C.
Mass. Gen. Laws Ann. ch. 260 § 4D - Civil remedies for victims of trafficking of persons for sexual servitude; damages; time for actions; representation of victim’s rights by others
(a) A victim of trafficking of persons for sexual servitude under section 50 of chapter 265 or of trafficking of persons for forced services under section 51 of said chapter 265 may bring a civil action for trafficking of persons for forced labor or services or sexual servitude. The court may award actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages may be awarded on proof of actual damages if the defendant’s acts were willful and malicious.
(b) A civil action for trafficking of persons for forced labor or services or sexual servitude shall be commenced within 3 years of the date on which the human trafficking victim was freed from human trafficking or, if the victim was a child during the commission of the offense, within 3 years after the date the plaintiff attains the age of 18.
(c) If a person entitled to sue is under a disability at the time the cause of action accrues, such that it is impossible or impracticable for such person to bring an action, the time during which the plaintiff is under a disability shall toll the statute until the disability ceases.
(d) In the event that a child plaintiff is under a disability, the failure of the child’s guardian ad litem to bring a plaintiff’s action within the applicable limitation period shall not prejudice the plaintiff’s right to do so after his disability ceases.
(e) A defendant shall be estopped from asserting a defense of the statute of limitations if the expiration of the statute is due to the defendant inducing the plaintiff to delay the filing of the action, preventing the plaintiff from filing the action or threats made by the defendant that caused duress upon the plaintiff.
(f) Any legal guardian, family member, representative of the human trafficking victim or court appointee may represent the human trafficking victim’s rights, in the event the human trafficking victim is deceased or otherwise unable to represent his own interests in court.
Case law
Phinney v. Morgan, 39 Mass. App. Ct. 202, 654 N.E.2d 77 (Mass. App. Ct. 1995: By enacting ALM GL c 260 § 4C, which contains discovery rule for actions brought against perpetrator of sexual abuse of child, Legislature did not intend that judicially crafted discovery rule for actions brought against non perpetrators of such abuse should be precluded under ALM GL ch. 260, § 2A.
Martin v. Boston Minuteman Council, Inc., 20 Mass. L. Rep. 569, 2006 Mass. Super. LEXIS 89 (Mass. Super. Ct. 2006): Applying discovery provision of Mass. Gen. Laws ch. 260, § 4C to all plaintiff’s claims against “boy scout council alleging claims for negligence, negligent supervision, negligent infliction of emotional distress, and assault and battery” stemming out of abuse by boy scout troop leaders.
CURRENT CRIMINAL SOL
In Massachusetts, there is no criminal SOL for trafficking and many sex abuse felonies and an SOL of six years from the offense for all remaining felonies and misdemeanors.
CRIMINAL SOL SNAPSHOT
INDECENT ASSAULT AND BATTERY ON CHILD UNDER AGE 14 |
No SOL, unless 27 years has passed, and then DNA/corroborating evidence required | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 §§ 13B, 13B1/2, 13B3/4 |
WANTON OR RECKLESS BEHAVIOR CREATING A RISK OF SERIOUS BODILY INJURY OR SEXUAL ABUSE TO A CHILD |
No SOL, unless 27 years has passed, and then DNA/corroborating evidence required | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 § 13L |
RAPE OF A CHILD |
No SOL, unless 27 years has passed, and then DNA/corroborating evidence required | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 §§ 22A, 22B, 22C |
RAPE AND ABUSE OF CHILD |
No SOL, unless 27 years has passed, and then DNA/corroborating evidence required | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 §§ 23, 23A, 23B |
ASSAULT OF CHILD |
No SOL, unless 27 years has passed, and then DNA/corroborating evidence required | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 § 24B |
TRAFFICKING OF PERSONS UNDER 18 YEARS FOR SEXUAL SERVITUDE |
No SOL, unless 27 years has passed, and then DNA/corroborating evidence required | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 § 50 |
INDECENT ASSAULT AND BATTERY ON PERSON FOURTEEN OR OLDER |
6 years from offense or the earlier of 6 years from age/time of reporting | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 265 § 13H |
PROSTITUTION |
6 years from offense or the earlier of 6 years from age/time of reporting |
Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 272 §§ 2, 3, 4, 4A, 4B, 6, 7, 8, 12, 13 |
INCEST |
6 years from offense or the earlier of 6 years from age/time of reporting | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 272 § 17 |
OBSCENITY |
6 years from offense or the earlier of 6 years from age/time of reporting | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 272 § 28, 29A, 29B |
CRIMES AGAINST NATURE AND LASCIVIOUS ACTS |
6 years from offense or the earlier of 6 years from age/time of reporting | Mass. Gen. Laws Ann. ch. 277 § 63 and ch. 272 §§ 33, 34, 35, 35A |
OTHER FELONIES & MISDEMEANORS |
6 years from offense | Mass. Gen. Laws Ann. ch. 277 § 63 |
NO DNA STATUTE |
Tolling: The SOL is tolled for any period during which the defendant is out-of-state.[i]
Criminal SOL History
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Age Cap |
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2002 |
The criminal SOL for felonies related to sex abuse was 15 years from the offense. Remaining felony and misdemeanor crimes had an SOL of 6 years after the offense.[ii] |
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2006 |
Eliminated the criminal SOL for many sex abuse felonies with a limitation that, if prosecuting an offense more than 27 years after the crime, corroborating or DNA evidence is required.[iii] |
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2011 |
Eliminated the SOL for sex trafficking, with the 2006 limitation.[iv] |
[i] Mass. Gen. Laws Ann. ch. 277, § 63 (establishing that the SOL is tolled, for any period during which the defendant “is not usually and publicly resident within the Commonwealth). See also Couture v. Commonwealth, 153 N.E.2d 625, 628 (Mass. 1958) (articulating that a person is not “usually and publicly resident” in Massachusetts if he is confined in a penal institution in another state even though his absence is not voluntary).
[ii] Mass. Gen. Laws Ann. ch. 277, § 63 (2002) (SOL).
[iii] Mass. Gen. Laws Ann. ch. 277, § 63 (2006) (SOL).
[iv] Mass. Gen. Laws Ann. ch. 277, § 63 (2011) (SOL).
CURRENT MASSACHUSETTS CRIMINAL LAW
Mass. Gen. Laws ch. 277, § 63 - Limitation of criminal prosecutions
An indictment for murder may be found at any time after the death of the person alleged to have been murdered. An indictment or complaint for an offense set forth in section 13B, 13B ½, 13B ¾, 13F, 13L, 22A, 22B, 22C, 23, 23A, 23B, 24B or subsection (b) of section 50 of chapter 265, for conspiracy to commit any of these offenses, as an accessory thereto, or any 1 or more of them may be found and filed at any time after the date of the commission of such offense; but any indictment or complaint found and filed more than 27 years after the date of commission of such offense shall be supported by independent evidence that corroborates the victim’s allegation. Such independent evidence shall be admissible during trial and shall not consist exclusively of the opinions of mental health professionals. An indictment for an offense set forth in sections 22, 24 or subsection (a) of section 50 of chapter 265, or for conspiracy to commit either of these offenses or as an accessory thereto or any 1 or more of them may be found and filed within 15 years of the date of commission of such offense. An indictment for an offense set forth in sections 17, 18, 19 and 21 of said chapter 265 or section 17 of chapter 272, for conspiracy to commit any such crime, as an accessory thereto, or any 1 or more of them may be found and filed within 10 years after the date of commission of such offense. An indictment for any other crime shall be found and filed within 6 years after such crime has been committed. Any period during which the defendant is not usually and publicly a resident within the commonwealth shall be excluded in determining the time limited.
Notwithstanding the first paragraph, if a victim of a crime set forth in section 13B, 13F, 13H, 22, 22A, 23, 24B, 26A or 50 of chapter 265, or section 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 12, 13, 17, 26, 28, 29A, 29B, 33, 34, 35 or 35A of chapter 272 is under the age of 16 at the time the crime is committed, the period of limitation for prosecution shall not commence until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, whichever occurs earlier.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Massachusetts SOL in a particular case, contact a lawyer in the state.
Last Updated: April 21, 2021
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