NEBRASKA
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: There is no civil SOL for child sexual assault claims against perpetrators. The SOL is age 33 for child sexual assault claims against all other defendants and age 25 for all other CSA claims.
Trafficking: The civil SOL for trafficking claims is age 25.
CSAM: The civil SOL for CSAM claims is age 25.
CIVIL SOL SNAPSHOT
AGE CAP |
CSA: None Trafficking: Age 25 CSAM: Age 25 |
REVIVAL LAW |
None |
DISCOVERY TOLLING |
None |
Civil SOL History
Age Cap |
|
2002 |
SOL of age 25 (age of majority, 21, plus 4 years) for CSA, CSAM, and trafficking claims under general personal injury statute.[i] |
2012 |
Added a civil cause of action for the crime of sexual assault of a child and set the SOL at age 33 (age of majority, 21, plus 12 years).[ii] |
2017 |
Eliminated the civil SOL for claims against individuals who directly caused an injury arising from the crime of sexual assault of a child.[iii] |
Revival Law |
|
N/A |
No window or other SOL revival law. |
Discovery |
|
Common Law |
No common law discovery rule applicable to CSA claims.[iv] |
Statutory |
No statutory discovery rule for CSA claims. |
[i] Neb. Rev. Stat. §§ 25-207 (2002) (four-year SOL), 25-213 (2002) (tolling statute).
[ii] Id. at § 25-228 (2012) (age thirty-three SOL).
[iii] Id. (2017) (no SOL).
[iv] See Teater, supra note 590, at 763 (refusing to toll SOL where victim repressed memories and later discovered abuse); Claar v. Archdiocese of Omaha, No. 8:07CV156, 2007 WL 4553919, at *4 (D. Neb. Dec. 18, 2007) (declining to toll SOL for delayed discovery of effects of abuse in negligent supervision case against Archdiocese); Van Sickle v. Mize, No. 4:04CV3239, 2005 WL 2180239, at *4 (D. Neb. Sept. 9, 2005) (doubting “that repression of memories could toll a SOLs in Nebraska when repression occurs after the plaintiff has already ‘discovered’ the factual basis of his or her cause of action”).
CURRENT NEBRASKA CIVIL LAW
Neb. Rev. Stat. § 25-228. - Action by victim of sexual assault of a child; when
(1) Notwithstanding any other provision of law:
(a) There shall not be any time limitation for an action against the individual or individuals directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 if such violation occurred (i) on or after August 24, 2017, or (ii) prior to August 24, 2017, if such action was not previously time barred; and
(b) An action against any person or entity other than the individual directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 may only be brought within twelve years after the plaintiff’s twenty-first birthday.
(2) Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.
Neb.Rev.St. § 25-207 - Actions for trespass, conversion, other torts, and frauds; exceptions
The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated; and (4) an action for relief on the ground of fraud, but the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud, except as provided in sections 30-2206 and 76-288 to 76-298.
Neb.Rev.St. § 25-213 - Tolling of statutes of limitation; when
Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscellaneous Claims Act, or the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, except for a penalty or forfeiture, for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages thereon, is, at the time the cause of action accrued, within the age of twenty years, a person with a mental disorder, or imprisoned, every such person shall be entitled to bring such action within the respective times limited by Chapter 25 after such disability is removed. For the recovery of the title or possession of lands, tenements, or hereditaments or for the foreclosure of mortgages thereon, every such person shall be entitled to bring such action within twenty years from the accrual thereof but in no case longer than ten years after the termination of such disability. Absence from the state, death, or other disability shall not operate to extend the period within which actions in rem are to be commenced by and against a nonresident or his or her representative.
Case law
CURRENT CRIMINAL SOL
CSA: There is no criminal SOL for many CSA crimes, and the SOL for lesser degrees of those offenses is age 25 or age 23, with an 18-month SOL for misdemeanors.
Trafficking: There is no SOL for felony trafficking crimes.
CSAM: There is no SOL for felony CSAM offenses.
CRIMINAL SOL SNAPSHOT
CSA |
No SOL |
TRAFFICKING |
No SOL |
CSAM |
No SOL |
Criminal SOL History
Age Cap |
|
2002 |
Age 23 (age 16, plus 7 years) or 7 years after the offense for many CSA felonies and misdemeanors, whichever is later. Any remaining felonies had an SOL of 3 years from the crime and misdemeanors had an SOL of 18 months from the crime, or only 1 year if the punishment was restricted to a $100 fine or a 3-month prison sentence.[i] |
2004 |
Eliminated the SOL for felony first-degree sexual assault of a child and felony first, second and misdemeanor third-degree sexual assault if the victim is under age 16.[ii] |
2005 |
Eliminated the SOL for felony first and second-degree sexual assault without a limitation on the victim’s age. |
2006 |
Eliminated the SOL for felony sexual assault of a child in the second and third-degrees. |
2009 |
Eliminated the SOL for felony incest.[iii] |
2019 |
Eliminated the SOL for felony sex trafficking of minors and felony CSAM offenses and extended the SOL to 7 years after the victim reaches age 18 for lower levels of these offenses.[iv] |
2020 |
Added a new crime, sexual contact of a student age 16-18 by a school employee, with an SOL of 3 years from the offense.[v] Extended the SOL for failure to report child abuse or neglect to 18 months after the offense or age 19 and a half (age 18 plus 1 and a half years).[vi] |
[i] Id. (2002) (SOL).
[ii] Id. (2004) (SOL).
[iii] Id. (2009) (SOL).
[iv] Id. (2019) (SOL).
[v] Id. at § 27-413 (2020) (sexual assault).
[vi] Id. at § 29-110(10) (2020) (minority tolling).