NEBRASKA

CHILD SEX ABUSE SOLs

 

CURRENT CIVIL SOL

In Nebraska, there is no civil SOL for child sexual assault claims against perpetrators, an SOL of age thirty-three for child sexual assault claims against all other defendants, and age twenty-five for all other CSA claims.

CIVIL SOL SNAPSHOT

AGE CAP

None against perpetrators of sex assault

Age 33 against other defendants for sex assault

Age 25

DISCOVERY TOLLING

NONE

REVIVAL LAW

NONE

Liability Limitations: The State of Nebraska is immune from CSA liability.[i] A notice of claim against the State must be filed within two years after the claim accrues, in accordance with the discovery rule.[ii]  Plaintiffs’ damages are capped at $50,000, but a higher amount may be received if reviewed and approved by the legislature.[iii] Charitable immunity was abolished in 1966.[iv]

Other Tolling Theories/Causes of Action: The doctrine of fraudulent concealment will toll an SOL, but it has not yet been sufficiently pled in CSA cases.[v]

Civil SOL History

Age Cap

2002

Age 25 (age of majority, 21, plus 4 years) for CSA claims.[vi]

2012

Extended the SOL to age 33 (age of majority, 21, plus 12 years) for claims by victims of the crime of sexual assault of a child.[vii]

2017

Eliminated the civil SOL for claims against individuals directly causing an injury suffered from the crime of sexual assault of a child.[viii]

 

Revival Law

N/A

No window or other SOL revival law.

 

Discovery

Common Law

No common law discovery rule applicable to CSA claims.[ix] 

Statutory

No statutory discovery rule for CSA claims.

 

[i] Neb. Rev. Stat. § 81-8, 219. See D.M. v. State, 867 N.W.2d 622 (Neb. 2015) (holding that sovereign immunity applies to claims for assault and battery as well as all claims arising from assault and battery).

[ii] Neb. Rev. Stat. § 81-8, 227(1); Roe v. Nebraska, 861 F.3d 785 (Neb. 2017).

[iii] Neb. Rev. Stat. § 81-8, 224.

[iv] Meyers v. Drozda, 141 N.W.2d 852, 854 (Neb. 1966) (stating, “…we hold that nonprofit charitable hospitals are not exempt from tort liability to their patients. Contrary decisions are overruled to the extent of their inconsistency.”).

[v] Upah v. Ancona Bros. Co., 521 N.W.2d 895, 902 (Neb. 1994) (explaining that a plaintiff must satisfy two elements in order to successfully allege fraudulent concealment: (1) that the party alleging fraudulent concealment “exercised due diligence to discover his or her cause of action before the SOLs expired,” and (2) that the defendant committed an “affirmative act of fraudulent concealment which prevented the plaintiff from discovering his or her cause of action;” also adopting a Michigan Court of Appeals rule that “mere silence is not enough to overcome the applicable period of limitation,” and that a fiduciary relationship between the parties creates an affirmative duty to disclose) disapproved of by Welsch v. Graves, 582 N.W.2d 312 (Neb. 1998). See also, Dilly v. Corp., No. 2:14-CV-03307, 2016 WL 53828, at *6 (D. S.C. Jan. 4, 2016) (holding that a concealment claim brought six years, rather than the required four, after discovery of the fraud was barred by SOL) (citing Neb. Rev. Stat. section 25-207); Teater v. State, 559 N.W.2d 758 (Neb. 1997) (where adult plaintiff alleged childhood sexual assault by her foster parent from age six to fourteen, plaintiff brought an action when she was 36, and the trial court held that her claims were barred by the SOLs. Supreme Court of Nebraska held that, because Plaintiff “did not allege facts sufficient to put state or district court on notice of tolling theory of fraudulent concealment and plaintiff never requested leave to amend her pleadings to conform to evidence, petition did not state facts establishing excuse that would toll SOLs”).

[vi] Neb. Rev. Stat.  §§ 25-207 (2002) (four-year SOL), 25-213 (2002) (SOL).

[vii] Neb. Rev. Stat.  § 25-228 (2012) (age thirty-three SOL).

[viii] Neb. Rev. Stat.  § 25-228 (2017) (no SOL).

[ix] See Teater, supra note 556, 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

In Nebraska, there is no criminal SOL for many CSA crimes and trafficking, and the SOL for lesser degrees of those offenses is age twenty-five or age twenty-three, with an eighteen-month SOL for misdemeanors.

CRIMINAL SOL SNAPSHOT

 

INCEST

No SOL Neb. Rev. Stat.  § 29-110

1ST-3RD DEGREE SEXUAL ASSAULT OF CHILD

No SOL Neb. Rev. Stat.  § 29-110

1ST AND 2ND DEGREE SEXUAL ASSAULT

No SOL Neb. Rev. Stat.  § 29-110

3RD DEGREE SEXUAL ASSAULT UNDER AGE 16

No SOL Neb. Rev. Stat.  § 29-110

SEX TRAFFICKING

No SOL Neb. Rev. Stat.  § 29-110

MAKE AND DISTRIBUTE VISUAL DEPICTION SEXUALLY EXPLICIT CONDUCT

No SOL Neb. Rev. Stat.  § 29-110

POSSESSION VISUAL DEPICTION SEXUALLY EXPLICIT CONDUCT

Age 25 Neb. Rev. Stat.  § 29-110

OBSCENE MATERIAL UNDER AGE 16

Later of age 23 or 7 years after offense Neb. Rev. Stat.  § 29-110

DEBAUCHING A MINOR

Later of age 23 or 7 years after offense Neb. Rev. Stat.  § 29-110

CHILD ABUSE

Later of age 23 or 7 years after offense

Neb. Rev. Stat.  § 29-110

SEXUAL ABUSE BY A SCHOOL EMPLOYEE

3 years after offense Neb. Rev. Stat.  § 29-110

OTHER RELATED FELONIES

3 years after offense Neb. Rev. Stat.  § 29-110

MISDEMEANORS

18 months after offense Neb. Rev. Stat.  § 29-110

Tolling: The SOL is extended indefinitely if the defendant is fleeing from justice.[i]

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.[ii]

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.[iii]

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.[iv]

2019

Eliminated the SOL for felony sex trafficking of minors and felony child pornography and extended the SOL to 7 years after the victim reaches age 18 for lower levels of these offenses.[v]

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.[vi] 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).[vii]

 

[i] Neb. Rev. Stat. § 29-110(13).

[ii] Neb. Rev. Stat.  § 29-110 (2002) (SOL).

[iii] Neb. Rev. Stat.  § 29-110 (2004) (SOL).

[iv] Neb. Rev. Stat.  § 29-110 (2009) (SOL).

[v] Neb. Rev. Stat.  § 29-110 (2019) (SOL).

[vi] Neb. Rev. Stat. § 27-413 (2020) (sexual assault).

[vii] Neb. Rev. Stat. § 29-110(10) (2020)(minority tolling).

CURRENT NEBRASKA CRIMINAL LAW

Neb. Rev. Stat. Ann. § 29-110 - Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions

(1) Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed before the magistrate within three years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(2) Except as otherwise provided by law, no person shall be prosecuted, tried, or punished for any misdemeanor or other indictable offense below the grade of felony or for any fine or forfeiture under any penal statute unless the suit, information, or indictment for such offense is instituted or found within one year and six months from the time of committing the offense or incurring the fine or forfeiture or within one year for any offense the punishment of which is restricted by a fine not exceeding one hundred dollars and to imprisonment not exceeding three months.

(3) Except as otherwise provided by law, no person shall be prosecuted for kidnapping under section 28-313, false imprisonment under section 28-314 or 28-315, child abuse under section 28-707, pandering under section 28-802, debauching a minor under section 28-805, or an offense under section 28-813 when the victim is under sixteen years of age at the time of the offense (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s sixteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s sixteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(4) Except as otherwise provided by law, no person shall be prosecuted for a violation of subsection (2) or (3) of section 28-831 (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(5) Except as otherwise provided by law, no person shall be prosecuted for an offense under section 28-813.01 or 28-1463.05 (a) unless the indictment for such offense is found by a grand jury within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, or (b) unless a complaint for such offense is filed before the magistrate within seven years next after the offense has been committed or within seven years next after the victim’s eighteenth birthday, whichever is later, and a warrant for the arrest of the defendant has been issued.

(6) No person shall be prosecuted for a violation of the Securities Act of Nebraska under section 8-1117 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(7) No person shall be prosecuted for criminal impersonation under section 28-638, identity theft under section 28-639, or identity fraud under section 28-640 unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(8) No person shall be prosecuted for a violation of section 68-1017 if the aggregate value of all funds and other benefits obtained or attempted to be obtained is five hundred dollars or more unless the indictment for such offense is found by a grand jury within five years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within five years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(9) No person shall be prosecuted for knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult under section 28-386 unless the indictment for such offense is found by a grand jury within six years next after the offense has been done or committed or unless a complaint for such offense is filed before the magistrate within six years next after the offense has been done or committed and a warrant for the arrest of the defendant has been issued.

(10) There shall not be any time limitations for prosecution or punishment for treason, murder, arson, forgery, sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01, incest under section 28-703, sexual assault of a child in the first degree under section 28-319.01, labor trafficking of a minor or sex trafficking of a minor under subsection (1) of section 28-831, or an offense under section 28-1463.03; nor shall there be any time limitations for prosecution or punishment for sexual assault in the third degree under section 28-320 when the victim is under sixteen years of age at the time of the offense.

(11) The time limitations prescribed in this section shall include all inchoate offenses pursuant to the Nebraska Criminal Code and compounding a felony pursuant to section 28-301.

(12) The time limitations prescribed in this section shall not extend to any person fleeing from justice.

(13) When any suit, information, or indictment for any crime or misdemeanor is limited by any statute to be brought or exhibited within any other time than is limited by this section, then the suit, information, or indictment shall be brought or exhibited within the time limited by such statute.

(14) If any suit, information, or indictment is quashed or the proceedings set aside or reversed on writ of error, the time during the pendency of such suit, information, or indictment so quashed, set aside, or reversed shall not be reckoned within this statute so as to bar any new suit, information, or indictment for the same offense.

(15) The changes made to this section by Laws 2004, LB 943, shall apply to offenses committed prior to April 16, 2004, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(16) The changes made to this section by Laws 2005, LB 713, shall apply to offenses committed prior to September 4, 2005, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(17) The changes made to this section by Laws 2009, LB 97, and Laws 2006, LB 1199, shall apply to offenses committed prior to May 21, 2009, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(18) The changes made to this section by Laws 2010, LB 809, shall apply to offenses committed prior to July 15, 2010, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(19) The changes made to this section by Laws 2016, LB 934, shall apply to offenses committed prior to April 19, 2016, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

(20) The changes made to this section by Laws 2019, LB 519, shall apply to offenses committed prior to September 1, 2019, for which the statute of limitations has not expired as of such date and to offenses committed on or after such date.

Case Law

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