WYOMING

CHILD SEX ABUSE SOLs

 

CURRENT CIVIL SOL

In Wyoming, the SOL for child sex abuse claims is capped at age 26 (age of majority, 18, plus 8 years) or 3 years from discovery of their injury and the abuse.

CIVIL SOL SNAPSHOT

AGE CAP

AGE 26

DISCOVERY TOLLING

3 YEARS

REVIVAL LAW

NONE

Changes Since 2002:

Age Cap: The civil SOL in Wyoming has been the same since at least 1993: age 26 (age of majority,18, plus 8 years).

Discovery:  Wyoming did not recognize a common law discovery rule for child sex abuse claims, but it had a general discovery rule that extended the accrual of a claim in cases in which “damage is not immediately apparent.” Wyoming codified a statutory discovery rule in 1993 that gives a victim 3 years after discovery to bring a claim. Case law explains that the discovery rule only applies when the plaintiff “discovered or in the exercise of reasonable diligence should have discovered” a secondary injury resulting from the abuse. It is not settled whether the statutory discovery rule applies to any defendants other than a perpetrator.

Revival Law:  Wyoming has not passed a window or other SOL revival legislation since 2002.

CURRENT WYOMING CIVIL LAW

Wyo. Stat. Ann. § 1-3-105 - Actions other than recovery of real property

(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues:

(i) Within ten (10) years, an action upon a specialty or any contract, agreement or promise in writing;

(ii) Within eight (8) years, an action:

(A) Upon a contract not in writing, either express or implied; or

(B) Upon a liability created by statute other than a forfeiture or penalty.

(iii) Within five (5) years after the debtor establishes residence in Wyoming, an action on a foreign claim, judgment or contract, express or implied, contracted or incurred and accrued before the debtor became a resident of Wyoming;

(iv) Within four (4) years, an action for:

(A) Trespass upon real property;

(B) The recovery of personal property or for taking, detaining or injuring personal property;

(C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; and

(D) For relief on the ground of fraud.

(v) Within one (1) year, an action for:

(A) Libel or slander;

(B) Assault or battery not including sexual assault;

(C) Malicious prosecution or false imprisonment; or

(D) Upon a statute for a penalty or forfeiture, except that if a different limitation is prescribed in the statute by which the remedy is given the action shall be brought within the period prescribed by the statute.

(b) Notwithstanding subsection (a) of this section, a civil action based upon sexual assault as defined by W.S. 6-2-301(a)(v) against a minor may be brought within the later of:

(i) Eight (8) years after the minor’s eighteenth birthday; or

(ii) Three (3) years after the discovery.

Case law

CURRENT CRIMINAL SOL

In Wyoming, there is no criminal SOL for child sex abuse felonies or misdemeanors.

CRIMINAL SOL SNAPSHOT

OTHER FELNOIES

FELONIES

NO SOL Story v. State, 721 P.2d 1020, 1026 (Wyo. 1986)

MISDEMEANORS

NO SOL Story v. State, 721 P.2d 1020, 1026 (Wyo. 1986)

DNA SNAPSHOT

 

NO DNA STATUTE

   

Changes Since 2002:

Wyoming has no criminal SOL for felonies or misdemeanors related to child sex abuse.

CURRENT WYOMING CRIMINAL LAW

Case Law

Story v. State, 721 P.2d 1020, 1026 (Wyo. 1986) (“At common law there is no limitation period for the prosecution of any criminal offense.”)

Remmick v. State, 275 P. 3d 467, 470 (Wyo. 2012) (“Wyoming has no statute of limitations as to the commencement of criminal proceedings.”)

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

Last Updated: April 21, 2021

IT'S EASY TO DONATE TO CHILD USA

                                               

CONTACT US

info@childusa.org

215.539.1906

3508 Market Street

Suite 202

Philadelphia, PA 19104

 

 

JOIN OUR NEWSLETTER


By submitting this form, you are consenting to receive marketing emails from: CHILD USA, 3508 MARKET STREET, Philadelphia, PA, 19104. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact