MASSACHUSETTS

CHILD SEX ABUSE SOLs

CURRENT CIVIL SOL

The SOL for civil CSA, trafficking, and CSAM claims against any defendant is age 53, with revival up to age 53 against perpetrators only, and a revival 7-year discovery rule against all defendants.

 

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 53

TRAFFICKING: Age 53

CSAM: Age 53

REVIVAL LAW

UP TO AGE 53

DISCOVERY TOLLING

7 YEARS

Civil SOL History

Age Cap

2002

Age 21 (age of majority, 18, plus 3 years) for sexual abuse of a minor, including CSAM offenses.[i]

2010

Expanded the list of sexual abuse crimes to which the age 21 SOL applied.[ii]

2011

Added a civil cause of action for sex trafficking and set the SOL at age 21.[iii]

2014

Extended the SOL for sexual abuse, including CSAM and trafficking, to age 53 (age of majority, 18, plus 35 years).[iv]

 

Revival Law

2014

Revived CSA claims by all survivors up until they reach age 53, for claims against perpetrators only.[v]

 

Discovery

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.[vi] 

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.[vii]  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.[viii]  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.[ix] 

 

[i] Mass. Gen. Laws Ann. ch. 260, §§ 2A (2002) (three-year SOL) & 4C (2002) (CSA SOL).

[ii] Id. at §§ 2A (2010) (three-year SOL) & 4C (2010) (CSA SOL).

[iii] Id. at § 4D (2011) (trafficking remedies).

[iv] Id. at §§ 4C (2014) (age fifty-three SOL) & 4C1/2 (2014) (negligent supervision).

[v] Id. at § 4C (2014) (age fifty-three SOL); 2014 Mass. Legis. Serv. Ch. 145 (H.B. 4126).

[vi] 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).

[vii] 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”).

[viii] 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).

[ix] 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

CSA: There is no SOL for many sex abuse felonies and an SOL of 6 years from the offense for all remaining felonies and misdemeanors.

Trafficking: There is no SOL for trafficking.

CSAM: The SOL for CSAM offenses is age 22.

CRIMINAL SOL SNAPSHOT

 

CSA No SOL

TRAFFICKING

No SOL

CSAM

Age 22

 

Criminal SOL History

Age Cap

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.[i]

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.[ii] Extended the SOL for CSAM offenses to age 22 (age 16 + 6 years).[iii]

2011

Eliminated the SOL for sex trafficking, with the 2006 limitation.[iv]

 

[i] Mass. Gen. Laws Ann. ch. 277, § 63 (2002) (SOL).

[ii] Id. (2006) (SOL).

[iii] Id.

[iv] Id. (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: December 4, 2023