WASHINGTON

CHILD SEX ABUSE SOLs

2024 SOL TRACKER

CURRENT CIVIL SOL

The civil SOL for CSA, trafficking, and some CSAM claims is age 21 with a 3-year discovery rule against all defendants.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 21

TRAFFICKING: AGE 21

CSAM: AGE 21

REVIVAL LAW

NONE

DISCOVERY TOLLING

3 YEARS

Civil SOL History

*Age Cap*
1991	CSA SOL of age 21 (age of majority, 18, plus 3 years), including trafficking and some CSAM offenses.^[i]

Revival Law
N/A	No window or other SOL revival law.

*Discovery*
Common Law	From 1969, Washington had a narrow common law discovery rule that was not successfully applied to CSA cases until 1998.^[ii]
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.”^[iii] 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.”^[iv] The discovery rule applies to claims against all types of defendants.^[v]

[i] Wash. Rev. Code Ann. §§ 4.16.340 (1991) (CSA SOL), 9.68A.040 (1989) (sexual exploitation of a minor (creating CSAM)), 9.68A.100 (1989) (commercial sexual abuse of a minor (trafficking)). Other CSAM offenses, such as distributing, possessing, or viewing CSAM, do not fall under the CSA SOL and are instead governed by the general personal injury and minority tolling statutes with an SOL of age 20 (age of majority, 18, plus 2 years). Id. at §§ 4.16.100 (personal injury SOL), 4.16.190 (minority tolling), 9.68A.050 (1989) (distribution of CSAM), 9.68A.060 (1989) (bringing CSAM into the state), 9.68A.070 (1989) (possession of CSAM), 9.68A.075 (2010) (viewing CSAM).

[ii] 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727 P.2d 226, 230 (Wash. 1986) (refusing to apply discovery tolling in case of repressed memories of child sex abuse), superseded by Wash.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to apply discovery tolling in case of delayed discovery of the causal connection between injury and child sex abuse), superseded by Wash.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).

[iii] Wash. Rev. Code Ann. § 4.16.340(1)(b)–(c). See Korst v. McMahon, 148 P.3d 1081, 1084 (Wash. Ct. App. 2006).

[iv] Hollman v. Corcoran, 949 P.2d 386, 392 (Wash. Ct. App. 1997).

[v] C.J.C., supra note 1017, at 268–70. See Wolf v. State, 519 P.3d 608, 618-20 (Wash. Ct. App. 2022) (holding that “negligence claims based on childhood sexual abuse accrue once the victim discovers the causal connection between the intentional act of sexual abuse and their injuries.” (emphasis original). Accordingly, “the statute of limitations as to all claims arising from childhood sexual abuse begins to run when a victim discovers the causal connection between the intentional act of sexual abuse and their injuries.” (emphasis added)). 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

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

CSA: There is no criminal SOL for many CSA crimes. The SOL is age 30 for other felonies and age 20 for misdemeanors.

Trafficking: The SOL for trafficking is 10 years from the offense, while the SOL for commercial sex abuse is age 30.

CSAM: There is no SOL for some CSAM crimes. Other CSAM offenses have an SOL of 3 years from the offense.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

CSAM	NO SOL
TRAFFICKING	AGE 30
CSAM	NO SOL

Criminal SOL History

*Age Cap*
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. CSAM and trafficking offenses had an SOL of 3 years from the offense.^[i]
2006	Added a DNA statute for sex offenses, including CSA, CSAM, and trafficking, extending the SOL to 1 year after a perpetrator is identified by DNA.
2009	Extended the SOL for CSA offenses to age 28.^[ii]
2013	Extended the SOL for CSA offenses to age 30.^[iii]
2017	Expanded its age 30 SOL to include commercial sex abuse trafficking offenses, and extended the SOL for other trafficking crimes to 10 years.^[iv]
2019	Eliminated the SOL for rape, sexual misconduct, child molestation, and sexual exploitation (creating CSAM). Also, extended the SOL for incest and some trafficking offenses (commercial sexual abuse of a minor) to age 30 and the DNA statute for sex offenses to 2 years, from 1 year.^[v]
2023	Extended DNA statute for sex offenses, including trafficking and CSAM, to 4 years.[vi]

[i] Id. at § 9A.04.080 (2002) (SOL).

[ii] Id. (2009) (SOL).

[iii] Id. (2013) (SOL).

[iv] Id. (2017) (SOL).

[v] Id. (2019) (SOL).

[vi] Id. (2023) (SOL); H.B. 1028, 68th Leg., 2023 Reg. Sess. (Wash. 2023).

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 third degree (RCW 9A.44.079);

(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).

(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) A violation of RCW 9A.36.170 may be prosecuted up to 10 years after its commission, or if committed against a victim under the age of 18, up to the victim’s 28th birthday, whichever is later.

(f) 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;

(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; or

(vii) Violations of RCW 82.32.290 (2)(a)(iii) or (4).

(g) 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.

(h) Bigamy may not be prosecuted more than three years after the time specified in RCW 9A.64.010.

(i) 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).

(j) 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.

(k) No gross misdemeanor, except as provided under (e) of this subsection, may be prosecuted more than two years after its commission.

(l) 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 four 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.

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Last Updated: November 15, 2023