SOUTH DAKOTA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: The civil SOL for CSA claims against all defendants is age 19 with a 3-year discovery rule that has an upper age limit of 40 years for claims against non-perpetrator defendants.
Trafficking: The civil SOL for trafficking claims is age 24.
CSAM: The civil SOL for CSAM claims is age 24.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: AGE 19 TRAFFICKING: AGE 24 CSAM: AGE 24 |
REVIVAL LAW | NONE |
DISCOVERY TOLLING | 3 YEARS AGAINST PERPETRATOR 3 YEARS UP TO AGE 40 AGAINST OTHER DEFENDANTS |
Civil SOL History
| Age Cap | |
| 1991 | Added a cause of action for CSA claims and set the SOL at age 19 (age of majority, 18, plus 1 year) for CSA and exploitation .[i] |
| 2002 | Added a cause of action for CSAM claims and set the SOL at age 24 (age of majority, 18, plus 6 years).[ii] |
| 2010 | Shortened the CSA SOL by putting an upper limit of age 40 for CSA and exploitation claims.[iii] |
| 2014 | Added trafficking to the CSAM SOL of age 24 (age of majority, 18, plus 6 years).[iv] |
| Revival Law | |
| N/A | No window or other SOL revival law. |
| Discovery | |
| Common Law | No common law discovery rule.[v] |
| Statutory | Since 1991, South Dakota has had a narrow statutory discovery rule running from 3 years after the victim discovers the connection between the injury and the abuse.[vi] The discovery statute revives expired claims against individual perpetrators, but does not revive claims against others.[vii] In 2010, the State put an upper limit on the discovery rule of age 40 for claims against all but the perpetrators, which immunized institutions.[viii] There is also disagreement among courts about whether the discovery rule applies to both perpetrators and institutional defendants.[ix] South Dakota is the only state to backtrack on CSA SOLs since 2002. |
[i] S.D. Codified Laws §§ 26-10-25 (CSA three-year SOL), 15-2-22 (majority tolling one-year).
[ii] Id. at § 22-24A-13 (CSAM SOL).
[iii] Id. at § 26-10-25 (CSA three-year SOL).
[iv] Id. at § 22-24A-13 (CSAM & trafficking SOL). See Overall, supra note 877. See also One Star, supra note 877.
[v] See Robinson-Podoll v. Harmelink, Fox & Ravnsborg Law Off., 939 N.W.2d 32, 47 (S.D. 2020); Kurylas, Inc. v. Bradsky, 452 N.W.2d 111, 114 (S.D. 1990); Alberts v. Giebink, 299 N.W.2d 454, 455 (S.D. 1980).
[vi] S.D. Codified Laws § 26-10-25 (2021); Iron Wing v. Catholic Diocese of Sioux Falls, 807 N.W.2d 108, 112 (S.D. 2011); Rodriguez v. Miles, 799 N.W.2d 722, 725 (S.D. 2011); One Star, supra note 877 at 675.
[vii] Stratmeyer, supra note 876, at 223–24.
[viii] S.D. Codified Laws § 26-10-25 (2021); Bernie v. Blue Cloud Abbey, 821 N.W.2d 224, 228–29 (S.D. 2012).
[ix] Blue Cloud Abbey, supra note 885, at 231; DeLonga v. Diocese of Sioux Falls, 329 F.Supp.2d 1092, 1104 (D. S.D. 2004) (holding that “the discovery SOLs . . . applies to all the Defendants in all of Plaintiff’s causes of action.”).
CURRENT SOUTH DAKOTA CIVIL LAW
S.D. Codified Laws § 26-10-25 - Time for commencing civil action for damages resulting from childhood sexual abuse
Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later. However, no person who has reached the age of forty years may recover damages from any person or entity other than the person who perpetrated the actual act of sexual abuse.
Case law
One Star v. Sisters of St. Francis, 2008 SD 55, P13, 752 N.W.2d 668, 675 (S.D. 2008): “SDCL 26-10-25, however, may delay the accrual until a plaintiff reasonably should have discovered the causal connection between the alleged abuse and the plaintiff’s injury. Therefore, we agree with One Star and Sorace that, under this statute, discovery of the injuries alone is not sufficient to start the running of the statute. Rather, there must also be discovery of some tie linking the acts of abuse to an injury; i.e., ‘that the injury or condition was caused by the act.’ SDCL 26-10-25.”
CURRENT CRIMINAL SOL
CSA: There is no criminal SOL for first- and second-degree rape. The SOL is either age 25 or 7 years from the offense for other felonies and misdemeanors.
Trafficking: The SOL is 7 years from the offense for trafficking.
CSAM: The SOL for CSAM is 7 years from the offense.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
CSA | NO SOL | |
TRAFFICKING | 7 YEARS FROM OFFENSE | |
CSAM | 7 YEARS FROM OFFENSE | |
Criminal SOL History
| Age Cap | |
| 2002 | Eliminated the SOL for Class A, B, and 1 felonies, which included first-degree rape of a child under age 10.[i] The SOL for other degrees of rape, sexual contact with a minor and incest was age 25 (age of majority, 18, plus 7 years).[ii] Other felonies and misdemeanors, including trafficking and CSAM, had an SOL of 7 years from the offense.[iii] |
| 2005 | Eliminated the SOL for Class C felonies instead of Class 1 felonies, which included first-degree rape of a child under age 13.[iv] |
| 2012 | Eliminated the SOL for second-degree rape.[v] |
| 2021 | Extended the SOL for sexual contact with a minor by person in position of authority to age 25.[vi] |
| 2023 | Broadened the crime of fourth-degree rape with an SOL of age 25 to include rape without consent.[vii] |
[i] Id. at §§ 23A-42-1 (2002) (no SOL), 22-22-1 (2002) (rape SOL).
[ii] Id. at § 22-22-1 (2002) (rape SOL), 22–22–7 (2002) (sexual contact with minors), and 22–22–19.1 (2002) (incest).
[iii] Id. at §§ 23A-42-2 (2002) (seven-year SOL), 22-49-1 (2002) (trafficking).
[iv] Id. at §§ 23A-42-1 (2005) (no SOL), 22-22-1 (2005) (rape SOL).
[v] Id. at § 22-22-1 (2012) (rape SOL).
[vi] Id. at § 22-22-7.8 (2021) (position of authority SOL).
[vii] Id. at § 22-22-1 (2023) (rape SOL).
CURRENT SOUTH DAKOTA CRIMINAL LAW
S.D. Codified Laws § 23A-42-1 - No limitation on prosecution for Class A, Class B, or Class C felonies
There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.
S.D. Codified Laws § 23A-42-2 - Seven-year limitation on other prosecutions
In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in § 23A-42-3.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the South Dakota SOL in a particular case, contact a lawyer in the state.
Last Updated: November 15, 2023