WISCONSIN
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: The civil SOL for CSA claims against perpetrators is age 35. The SOL against other types of defendants is age 20, with a narrow exception for negligent supervision claims against religious organizations for clergy abuse, which have an SOL of age 35.
Trafficking: The SOL for trafficking claims is age 20.
CSAM: The SOL for CSAM claims is age 20.
CIVIL SOL SNAPSHOT
AGE CAP | CSA: Age 35 Trafficking: Age 20 CSAM: Age 20 |
REVIVAL LAW | None |
DISCOVERY TOLLING | Narrow common-law discovery rule for incest |
Civil SOL History
| Age Cap | |
| 2002 | General personal injury SOL of age 20 (age of majority, 18, plus 2 years) is applicable CSA, trafficking, and CSAM.[i] |
| 2004 | Extended the SOL for CSA offenses of sexual assault of a child and incest to age 35 against perpetrators. Also, extended the SOL for injuries resulting from sexual contact by a member of the clergy to age 35 against the clergy and against their employer religious organization for negligent supervision. [ii] |
| 2006 | Amended the age 35 SOL to include sexual assault of a child placed in substitute care.[iii] |
| Revival Law | |
| N/A | No window or other SOL revival law. |
| Discovery | |
| Common Law | In 1987, Wisconsin recognized a narrow common law discovery rule that allowed claims for incest to accrue when “the victim discovers, or in the exercise of reasonable diligence should have discovered, the fact and cause of the injury.”[iv] Wisconsin courts have treated the common law discovery provision as a “specialized discovery rule applicable only to cases of incest” and it has not been helpful in other CSA cases.[v] |
| Statutory | In 1987, Wisconsin codified its 2-year discovery rule enacting a discovery statute for incest only.[vi] In 2001, Wisconsin extended its statutory discovery rule to 5 years and broadened it beyond incest to include sexual assault of a child.[vii] Based on the statutory text, the discovery rule appeared applicable to claims against non-perpetrator defendants, but it was never interpreted by Wisconsin courts. Wisconsin removed its statutory discovery rule in 2004.[viii] |
[i] Wis. Stat. Ann. §§ 893.16 (2002) (two-year majority tolling), 893.54 (2002) (three-year SOL), 893.57 (2002) (three-year SOL), 893.93 (2002) (SOL), 948.12 (1995) (possession of child pornography), 948.05 (sexual exploitation of a child (creating, distributing, selling CSAM)); 2002 Wis. Sess. Laws Act. 16 (S.B. 55). See Bonchek, supra note 1054, at *10 (concluding that negligence claims are derivative of the sexual assault and so accrued the later of negligence SOL which is three-years after the abuse or the age twenty). See also Doe v. Archdiocese of Milwaukee, 565 N.W.2d 94, 96 (Wis. 1997) (holding, “[c]onsequently, each plaintiff should have filed his or her action within the applicable statutory period of one or two years after reaching majority”).
[ii] Wis. Stat. Ann. §§ 893.587 (2004) (CSA SOL) (including CSAM offenses that involve direct sexual contact, such as the creation of CSAM), 895.442 (2004) (sexual exploitation by member of the clergy); S.B. 207, 2003 Leg., Reg. Sess. (Wis. 2003), available at https://docs.legis.wisconsin.gov/2003/related/acts/279. See also John Doe 1, supra note 1052, at 845 (noting, “[the Wisconsin statute] demonstrates that the legislature’s public policy is to toll the SOLs for . . . claims [of sexual assault, incest, or sexual exploitation] no later than their 35th birthday”); Fleming v. Amateur Athletic Union of United States, Inc., 990 N.W.2d 244 (Wis. 2023) (ruling section 893.587’s age 35 SOL is not applicable to negligence-based CSA claims against non-religious organizations).
[iii] Wis. Stat. Ann. §§ 893.587 (2006) (CSA SOL), 948.085 (crime of sex assault of child in substitute care).
[iv] Hammer v. Hammer, 418 N.W.2d 23, 26–27 (Wis. Ct. App. 1987) (recognizing discovery rule for incest claims).
[v] Archdiocese of Milwaukee, supra note 986; Pritzlaff v. Archdiocese of Milwaukee, 533 N.W.2d 780, 787 (Wis. 1995); Bonchek, supra note 1054, at *11. See also John Doe 1, supra note 1052, at 836 (noting that “[i]n Wisconsin, accrual of a cause of action is not dependent upon knowing the full extent of one’s injuries”).
[vi] Wis. Stat. Ann. § 893.587 (1994). See also Pritzlaff, supra note 1059.
[vii] Id. (2001).
[viii] Id. (2021).
CURRENT WISCONSIN CIVIL LAW
Wis. Stat. Ann. § 893.57 - Intentional torts
An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred.
Wis. Stat. Ann. § 893.587 - Sexual assault of a child; limitation
An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.
Wis. Stat. Ann. § 893.16 - Person under disability
(1) If a person entitled to bring an action is, at the time the cause of action accrues, either under the age of 18 years, except for actions against health care providers; or mentally ill, the action may be commenced within 2 years after the disability ceases, except that where the disability is due to mental illness, the period of limitation prescribed in this chapter may not be extended for more than 5 years.
(2) Subsection (1) does not shorten a period of limitation otherwise prescribed.
(3) A disability does not exist, for the purposes of this section, unless it existed when the cause of action accrues.
(4) When 2 or more disabilities coexist at the time the cause of action accrues, the 2-year period specified in sub. (1) does not begin until they all are removed.
(5) This section applies only to statutes in this chapter limiting the time for commencement of an action or assertion of a defense or counterclaim except it does not apply to:
(a) Actions for the recovery of a penalty or forfeiture or against a sheriff or other officer for escape;
(b) Extend the time limited by s. 893.33, 893.41, 893.59, 893.62, 893.73 to 893.76, 893.77(3), 893.86 or 893.91 or subch. VIII for commencement of an action or assertion of a defense or counterclaim; or
(c) A cause of action which accrues prior to July 1, 1980.
Case law
CURRENT CRIMINAL SOL
CSA: There is no SOL for some first-degree CSA felonies, an SOL of age 45 for other CSA felonies, and 3 years from the offense for misdemeanors.
Trafficking: The SOL for trafficking is age 45.
CSAM: The SOL for CSAM violations is age 45.
CRIMINAL SOL SNAPSHOT
OTHER FELNOIES
CSA | NO SOL |
TRAFFICKING | AGE 45 |
CSAM | AGE 45 |
Criminal SOL History
| Age Cap | |
| 2002 | Age 31 for felonies, including CSA and CSAM. 3 years from the crime with no tolling until age of majority for the victim for misdemeanors. A DNA statute extended the SOL for 1 year if there was a match for sexual assault of a child and repeated sexual assault of the same child. [i] |
| 2003 | Extended the SOL for many CSA felonies, including sexual assault of a child, to age 45.[ii] |
| 2006 | Eliminated the SOL for first-degree sexual assault of a child and repeated sexual assault of the same child.[iii] Extended the SOL for sexual exploitation of a child (CSAM offenses) to age 45.[iv] |
| 2007 | Added new crime of trafficking and set SOL at age 24.[v] |
| 2010 | Broadened its 1-year DNA rule SOL extension to apply to all CSA crimes.[vi] |
| 2011 | Extended the SOL for sex trafficking to age 45.[vii] |
| 2017 | Added soliciting a child for prostitution to the crimes for which the SOL is age 45.[viii] |
[i] Id. at § 939.74 (2002) (SOL); State v. MacArthur, 750 N.W.2d 910, 915 (Wis. 2008) (determining that the 1997 amendment increased SOL for prosecution to time that “victim reaches the age of 31”).
[ii] Wis. Stat. Ann. § 939.74 (2002) (SOL); 2003 Wis. Sess. Laws Act 279, available at https://docs.legis.wisconsin.gov/2003/related/acts/279.
[iii] Wis. Stat. Ann. § 939.74 (2005) (SOL); 2005 Wis. Sess. Laws Act 276, available at https://docs.legis.wisconsin.gov/2005/related/acts/276.
[iv] Wis. Stat. Ann. § 939.74 (2005) (SOL); 2005 Wis. Sess. Laws Act 277, available at https://docs.legis.wisconsin.gov/2005/related/acts/277.
[v] Wis. Stat. Ann. § 939.74 (2007) (SOL); 2007 Wis. Sess. Laws Act 116, available at https://docs.legis.wisconsin.gov/2007/related/acts/116.
[vi] [vi] Wis. Stat. Ann. § 939.74 (2009) (SOL); 2009 Wis. Sess. Laws Act 203; available at https://docs.legis.wisconsin.gov/2009/related/acts/203.
[vii] Wis. Stat. Ann. § 939.74 (2011) (SOL); 2011 Wis. Sess. Laws Act 282, available at https://docs.legis.wisconsin.gov/2011/related/acts/282.
[viii] Wis. Stat. Ann. § 939.74 (2017) (SOL); 2017 Wis. Sess. Laws Act 128, available at https://docs.legis.wisconsin.gov/2017/related/acts/128.
CURRENT WISCONSIN CRIMINAL LAW
Wis. Stat. Ann. § 939.74 - Time limitations on prosecutions
Case Law
State v. MacArthur, 750 N.W.2d 910, 915 (Wis. 2008) (1997 amendment increased statute of limitation for prosecution to time that “victim reaches the age of 31”.).
The information provided is solely for informational purposes and is not legal advice. To determine the Wisconsin SOL in a particular case, contact a lawyer in the state.
Last Updated: December 5, 2023