WASHINGTON
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
In Washington, the civil SOL against all defendants is age twenty-one with a three-year discovery rule.
CIVIL SOL SNAPSHOT
AGE CAP |
AGE 21 |
DISCOVERY TOLLING |
3 YEARS |
REVIVAL LAW |
NONE |
Liability Limitations: In general, Washington is liable for CSA claims,[i] and such claims must be presented within the same time frame as the typical SOL for CSA causes of action.[ii] Washington does not impose damage caps on claims against the State.[iii] Charitable immunity was abolished in 1964.[iv]
Other Tolling Theories/Causes of Action: Washington law recognizes that an SOL will be tolled if a “defendant has fraudulently or inequitably invited a plaintiff to forebear from commencing suit until the applicable SOL has run,” and Washington courts have permitted plaintiffs to proceed on their claims arising from CSA under this theory.[v]
Civil SOL History
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Age Cap |
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1991 |
Age 21 (age of majority, 18, plus 3 years).[vi] |
|
Revival Law |
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N/A |
No window or other SOL revival law. |
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Discovery |
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Common Law |
From 1969, Washington had a narrow common law discovery rule that was not successfully applied to CSA cases until 1998.[vii] |
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Statutory |
In 1991, Washington enacted a statutory 3-year discovery rule that runs when the victim “discovered or reasonably should have discovered that the injury or condition was caused by said act” or “discovered that the act caused the injury for which the claim is brought.”[viii] Instead of running from the date a victim becomes aware of an initial injury “[t]he legislature intends that the earlier discovery of less serious injuries should not affect the SOLs for injuries that are discovered later.”[ix] The discovery rule applies to claims against all types of defendants.[x] |
[i] Wash. Rev. Code Ann. § 4.92.090; Washburn v. City of Fed. Way, 310 P.3d 1275, 1287 (Wash. 2013) (holding that governmental entities are liable for tortious conduct to the same extent as a private person or private entity, and thus a plaintiff may recover for government entity’s negligence).
[ii] Hunter v. North Mazon High Sch., 539 P.2d 845 (Wash. 1975) (concluding that claims must be presented and actions commenced within the same period for actions against private parties).
[iii] Wash. Rev. Code Ann. § 4.92.090.
[iv] Friend v. Cove Methodist Church, Inc., 396 P.2d 546 (Wash. 1964).
[v] See Robinson v. City of Seattle, 830 P.2d 318, 345 (Wash. 1992). See also J.C. v. Society of Jesus, 457 F.Supp.2d 1201 (W.D. Wash. 2006) (finding material issues of fact as to whether church was on notice of priest’s criminal conduct and failed to disclose what it knew and whether equitable estoppel or fraudulent concealment prevented church’s SOLs defense precluded grant of summary judgment to church on damages claim brought by victim, who alleged that priest sexually abused him when he was a minor); C.J.C. v. Corporation of the Catholic Bishop of Yakima, 985 P.2d 262, 270 (Wash. 1999).
[vi] Wash. Rev. Code Ann. § 4.16.340 (1991) (SOL).
[vii] Tyson v. Tyson, 727 P.2d 226, 230 (Wash. 1986) (refusing to apply discovery tolling in case of repressed memories of child sex abuse), superseded by Wash. Rev. Code Ann. § 4.16.340 (1991); Funkhouser v. Wilson, 950 P.2d 501, 512 (Wash. Ct. App. 1998) (finding common law discovery tolling applicable to negligence claims against church for child sex abuse); Raymond v. Ingram, 737 P.2d 314, 317 (Wash. Ct. App. 1987) (refusing to apply discovery tolling in case of delayed discovery of the causal connection between injury and child sex abuse), superseded by Wash. Rev. Code Ann. § 4.16.340 (1991).
[viii] Wash. Rev. Code Ann. § 4.16.340(1)(b)–(c). See Korst v. McMahon, 148 P.3d 1081, 1084 (Wash. Ct. App. 2006).
[ix] Hollman v. Corcoran, 949 P.2d 386, 392 (Wash. Ct. App. 1997).
[x] C.J.C., supra note 949, at 268–70. See K.C. v. State, No. 51400-1-II, 2019 WL 4942457, *8 (Wash. Ct. App. Oct. 8, 2019); KC v. Johnson, No. 48029-8-II, 2017 WL 888600, at *5 (Wash. Ct. App. Feb. 28, 2017).
CURRENT WASHINGTON CIVIL LAW
Wash. Rev. Code Ann. § 4.16.340 - Actions based on childhood sexual abuse
(1) All claims or causes of 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 the later of the following periods:
(a) Within three years of the act alleged to have caused the injury or condition;
(b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or
(c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought:
PROVIDED, That the time limit for commencement of an action under this section is tolled for a child until the child reaches the age of eighteen years.
(2) The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse or exploitation.
(3) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of eighteen years.
(4) For purposes of this section, “child” means a person under the age of eighteen years.
(5) As used in this section, “childhood sexual abuse” means any act committed by the defendant against a complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 9A.44 RCW or RCW 9.68A.040 or prior laws of similar effect at the time the act was committed.
Case law
Hollmann v. Corcoran, 89 Wn. App. 323, 949 P.2d 386 (1997): Statute of limitations for actions based on childhood sexual abuse is tolled until victim in fact discovers causal connection between act of abuse and injuries for which claim is brought, rather than only until victim should have discovered causal connection
C.J.C. v. Corp. of the Catholic Bishop of Yakima, 985 P.2d 262 (Wash. 1999): Limitations applicable to intentional acts of sexual abuse by perp extends to negligence claims against non-perps based on their contribution to the harm.
K.C. v. Johnson, 197 Wash. App. 1083 (2017); K.C. v. State, No. 51400-1-II, 2019 WL 4942457, at *9 (Wash. Ct. App. Oct. 8, 2019).
CURRENT CRIMINAL SOL
In Washington, there is no criminal SOL for many CSA crimes, an SOL of age thirty for other felonies, age twenty for misdemeanors, and the SOL for trafficking is ten years from the offense.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
RAPE OF A CHILD |
NO SOL | Wash. Rev. Code Ann. § 9A.04.080(1)(a)(ix)-(xi) |
SEXUAL MISCONDUCT |
NO SOL | Wash. Rev. Code Ann. § 9A.04.080(1)(a)(xii)-(xiii) |
CHILD MOLESTATION |
NO SOL | Wash. Rev. Code Ann. § 9A.04.080(1)(a)(xiv)-(xvi) |
SEXUAL EXPLOITATION |
NO SOL | Wash. Rev. Code Ann. § 9A.04.080(1)(a)(xvii) |
COMMERCIAL SEX ABUSE |
AGE 30 | Wash. Rev. Code Ann. § 9A.04.080(1)(d)(i) |
PROMOTING COMMERCIAL SEX ABUSE |
AGE 30 | Wash. Rev. Code Ann. § 9A.04.080(1)(d)(ii) |
PROMOTING TRAVEL FOR COMMERCIAL SEX ABUSE |
AGE 30 | Wash. Rev. Code Ann. § 9A.04.080(1)(d)(iii) |
INCEST |
AGE 30 | Wash. Rev. Code Ann. § 9A.04.080(1)(d)(iv) |
TRAFFICKING |
10 YEARS | Wash. Rev. Code Ann. § 9A.04.080(1)(c)(v) |
MISDEMEANORS |
AGE 20 | Wash. Rev. Code Ann. § 9A.04.080(1)(j) |
Tolling: The SOL is tolled while the defendant resides outside the State or is not usually in the State.[i]
Criminal SOL History
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Age Cap |
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2002 |
In 2002, the criminal SOL for first and second-degree rape was the later of age 21 (age of majority, 18, plus 3 years) or, if reported within a year, 10 years after the crime. For other felony sex offenses, the SOL was age 21 or 7 years after the crime, whichever is later, and for misdemeanors it was age 19 or 20.[ii] |
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2006 |
Added a DNA statute extending the SOL to 1 year after a perpetrator is identified by DNA. |
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2009 |
Extended the SOL for all sex offenses to age 28.[iii] |
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2013 |
Extended the SOL for all sex offenses to age 30.[iv] |
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2017 |
Expanded its age 30 SOL to include commercial sex abuse and extended the SOL for trafficking to 10 years from the crime.[v] |
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2019 |
Eliminated the SOL for rape, sexual misconduct, child molestation, and sexual exploitation. Also, extended the SOL for incest to age 30 and the DNA statute to 2 years, from 1 year.[vi] |
[i] Wash. Rev. Code Ann. § 9A.04.080(2) (2000).
[ii] Wash. Rev. Code Ann. § 9A.04.080 (2002) (SOL).
[iii] Wash. Rev. Code Ann. § 9A.04.080 (2009) (SOL).
[iv] Wash. Rev. Code Ann. § 9A.04.080 (2013) (SOL).
[v] Wash. Rev. Code Ann. § 9A.04.080 (2017) (SOL).
[vi] Wash. Rev. Code Ann. § 9A.04.080 (2019) (SOL).
CURRENT WASHINGTON CRIMINAL LAW
Wash. Rev. Code Ann. § 9A.04.080 - Limitation of actions
(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.
(a) The following offenses may be prosecuted at any time after their commission:
(i) Murder;
(ii) Homicide by abuse;
(iii) Arson if a death results;
(iv) Vehicular homicide;
(v) Vehicular assault if a death results;
(vi) Hit-and-run injury-accident if a death results (RCW 46.52.020(4));
(vii) Rape in the first degree (RCW 9A.44.040) if the victim is under the age of sixteen;
(viii) Rape in the second degree (RCW 9A.44.050) if the victim is under the age of sixteen;
(ix) Rape of a child in the first degree (RCW 9A.44.073);
(x) Rape of a child in the second degree (RCW 9A.44.076);
(xi) Rape of a child in the second degree (RCW 9A.44.076);
(xii) Sexual misconduct with a minor in the first degree (RCW 9A.44.093);
(xiii) Custodial sexual misconduct in the first degree (RCW 9A.44.160);
(xiv) Child molestation in the first degree (RCW 9A.44.083);
(xv) Child molestation in the second degree (RCW 9A.44.086);
(xvi) Child molestation in the third degree (RCW 9A.44.089); and
(xvii) Sexual exploitation of a minor (RCW 9.68A.040).
(b) Except as provided in (a) of this subsection, the following offenses may not be prosecuted more than twenty years after its commission:
(i) Rape in the first degree (RCW 9A.44.040);
(ii) Rape in the second degree (RCW 9A.44.050); or
(iii) Indecent liberties (RCW 9A.44.100).
(c) The following offenses may not be prosecuted more than ten years after its commission:
(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;
(ii) Arson if no death results;
(iii) Rape in the third degree (RCW 9A.44.060);
(iv) Attempted murder; or
(v) Trafficking under RCW 9A.40.100.
(d) A violation of any offense listed in this subsection (1)(d) may be prosecuted up to ten years after its commission or, if committed against a victim under the age of eighteen, up to the victim’s thirtieth birthday, whichever is later:
(i) RCW 9.68A.100 (commercial sexual abuse of a minor);
(ii) RCW 9.68A.101 (promoting commercial sexual abuse of a minor);
(iii) RCW 9.68A.102 (promoting travel for commercial sexual abuse of a minor); or
(iv) RCW 9A.64.020 (incest).
(e) The following offenses may not be prosecuted more than six years after its commission or discovery, whichever occurs later:
(i) Violations of RCW 9A.82.060 or 9A.82.080;
(ii) Any felony violation of chapter 9A.83 RCW;
(iii) Any felony violation of chapter 9.35 RCW;
(iv) Theft in the first or second degree under chapter 9A.56 RCW when accomplished by color or aid of deception;
(v) Theft from a vulnerable adult under RCW 9A.56.400; or
(vi) Trafficking in stolen property in the first or second degree under chapter 9A.82 RCW in which the stolen property is a motor vehicle or major component part of a motor vehicle as defined in RCW 46.80.010.
(f) The following offenses may not be prosecuted more than five years after its commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.
(g) Bigamy may not be prosecuted more than three years after the time specified in RCW 9A.64.010.
(h) A violation of RCW 9A.56.030 may not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).
(i) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.
(j) No gross misdemeanor may be prosecuted more than two years after its commission.
(k) No misdemeanor may be prosecuted more than one year after its commission.
(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.
(3) In any prosecution for a sex offense as defined in RCW 9.94A.030, the periods of limitation prescribed in subsection (1) of this section run from the date of commission or two years from the date on which the identity of the suspect is conclusively established by deoxyribonucleic acid testing or by photograph as defined in RCW 9.68A.011, whichever is later.
(4) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Washington SOL in a particular case, contact a lawyer in the state.
Last Updated: April 21, 2021
