VERMONT

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

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CURRENT CIVIL SOL

CSA: There is no civil SOL for CSA and claims against all defendants are permanently revived.

Trafficking: The civil SOL for trafficking is age 21.

CSAM: The civil SOL for CSAM is age 21.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: None

Trafficking: Age 21

CSAM: Age 21

REVIVAL LAW

PERMANENT WINDOW

DISCOVERY TOLLING

NONE

VERMONT SURVIVOR TOOL KIT

CURRENT VERMONT CIVIL LAW

Vt. Stat. Ann tit. 12, § 522 - Actions based on childhood sexual abuse

(a) A civil action brought by any person for recovery of damages for injury suffered as a result of childhood sexual or physical abuse may be commenced at any time after the act alleged to have caused the injury or condition. The victim need not establish which act in a series of continuing physical abuse or sexual abuse or exploitation incidents caused the injury.

(b) If a complaint is filed alleging an act of childhood sexual or physical abuse, the complaint shall immediately be sealed by the clerk of the court. The complaint shall remain sealed until the answer is served or, if the defendant files a motion to dismiss under Rule 12(b) of the Vermont Rules of Civil Procedure, until the court rules on that motion. If the complaint is dismissed, the complaint and any related papers or pleadings shall remain sealed. Any hearing held in connection with the motion to dismiss shall be in camera.

(1) “Childhood sexual abuse” means any act committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting lewd and lascivious conduct, lewd or lascivious conduct with a child, felony sexual exploitation of a minor in violation of 13 V.S.A. § 3258(c), sexual assault, or aggravated sexual assault in effect at the time the act was committed.

(2) “Childhood physical abuse” means any act other than an attempt committed by the defendant against a complainant who was under 18 years of age at the time of the act and which act would have constituted a violation of a statute prohibiting aggravated assault in effect at the time the act was committed.

(d) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood sexual abuse that occurred prior to July 1, 2019, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood sexual abuse that would have been barred by any statute of limitations in effect on June 30, 2019, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the sexual abuse only if there is a finding of gross negligence on the part of the entity.

(e) Notwithstanding 1 V.S.A. § 214, this section shall apply retroactively to childhood physical abuse that occurred prior to July 1, 2021, irrespective of any statute of limitations in effect at the time the abuse occurred. In an action based on childhood physical abuse that would have been barred by any statute of limitations in effect on June 30, 2021, damages may be awarded against an entity that employed, supervised, or had responsibility for the person allegedly committing the physical abuse only if there is a finding of gross negligence on the part of the entity.

Vt. Stat. Ann tit. 12, § 551 - Minority, incapacity, or imprisonment

(a) When a person entitled to bring an action specified in this chapter is a minor, lacks capacity to protect his or her interests due to a mental condition or psychiatric disability, or is imprisoned at the time the cause of action accrues, such person may bring such action within the times in this chapter respectively limited, after the disability is removed.

(b) If a person entitled to bring an action specified in this chapter becomes unable to protect his or her interests due to a mental condition or psychiatric disability after the cause of action accrues but before the statute has run, the time during which the person is unable to protect his or her interests due to a mental condition or psychiatric disability shall not be taken as a part of the time limited for the commencement of the action.

Case law

CURRENT CRIMINAL SOL

CSA: There is no criminal SOL for aggravated sexual assault or exploitation. The SOL is 40 years from the offense for some CSA crimes, and 3 years from the offense for all other felonies and misdemeanors.

Trafficking: There is no SOL for trafficking.

CSAM: The SOL for CSAM violations is 40 years from the offense.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

CSA	NO SOL
TRAFFICKING	NO SOL
CSAM	40 YEARS FROM OFFENSE

CURRENT VERMONT CRIMINAL LAW

Vt. Stat. Ann. tit. 13, § 4501 - Limitation of prosecutions for certain crimes

(a) Prosecutions for aggravated sexual assault, aggravated sexual assault of a child, sexual assault, sexual exploitation of a minor as defined in subsection 3258(c) of this title, human trafficking, aggravated human trafficking, murder, manslaughter, arson causing death, and kidnapping may be commenced at any time after the commission of the offense.

(b) Prosecutions for lewd and lascivious conduct, sexual abuse of a vulnerable adult under subsection 1379(a) of this title, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be commenced within six years after the commission of the offense, and not after.

(c) Prosecutions for any of the following offenses shall be commenced within 40 years after the commission of the offense, and not after:

(1) lewd and lascivious conduct alleged to have been committed against a child under 18 years of age;

(2) maiming;

(3) lewd or lascivious conduct with a child;

(4) sexual exploitation of children under chapter 64 of this title; and

(5) sexual abuse of a vulnerable adult under subsection 1379(b) of this title.

(d) Prosecutions for arson and first degree aggravated domestic assault shall be commenced within 11 years after the commission of the offense, and not after.

(e) Prosecutions for other felonies and for misdemeanors shall be commenced within three years after the commission of the offense, and not after.

Case Law

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

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Last Updated: December 5, 2023