New Hampshire’s Elimination of the Civil Statute of Limitations for Sexual Assault: A Landmark Change for Survivors~3 min read

In a significant legislative shift, New Hampshire has abolished the civil statute of limitations for sexual assault cases, offering survivors the opportunity to seek justice at any time, regardless of when the assault occurred. This change, effective since September 18, 2020, marks a pivotal moment in the state’s commitment to supporting victims and holding perpetrators accountable.

Understanding the Previous Limitations

Before the enactment of House Bill 705, the statute of limitations for civil sexual assault cases in New Hampshire varied based on the victim’s age and the timing of the assault:

• Adults (18 and older): Had three years from the date of the assault to file a civil lawsuit.
• Minors (under 18): Had until their 30th birthday to initiate a civil action. These time constraints often posed significant challenges for survivors, many of whom may not have been ready or able to come forward within these periods.

The Impact of House Bill 705

Signed into law by Governor Chris Sununu, House Bill 705, known as the “Crime Victims’ Rights Enhancement Act of 2020,” introduced several key changes.

• Abolition of Civil Statute of Limitations: Survivors can now file civil lawsuits for sexual assault at any time, irrespective of when the incident occurred.
• Elimination of Marital Exemptions: The law removed legal loopholes that previously allowed perpetrators to avoid prosecution if they were married to the victim or if the victim was unable to consent due to a disability.
• Enhanced Victim Rights: The legislation expanded victims’ rights during court proceedings, ensuring better protection and support throughout the legal process.

Broader Implications for Survivors

The elimination of the civil statute of limitations carries profound implications for survivors.

• Empowerment to Seek Justice: Survivors are no longer constrained by arbitrary time limits, allowing them to pursue legal action when they feel prepared.
• Accountability for Perpetrators: The law enables the pursuit of justice even if the perpetrator has evaded accountability for years.
• Institutional Responsibility: Organizations and institutions can now be held accountable for enabling or covering up abuse, regardless of when the incidents occurred.

These changes align New Hampshire with a growing national movement to reform statutes of limitations in sexual assault cases, reflecting a broader recognition of the need to support survivors and ensure justice.

Ongoing Challenges and Considerations

While the abolition of the civil statute of limitations is a significant advancement, challenges remain:

• Criminal Statute of Limitations: New Hampshire still maintains a statute of limitations for criminal sexual assault cases, which some advocates believe should also be reconsidered to allow for justice in older cases.
• Resource Availability: Survivors may face challenges accessing legal resources and support, especially if the abuse occurred many years ago.
• Public Awareness: Ongoing efforts are needed to inform survivors of their rights under the new law and to provide accessible avenues for legal recourse.

Addressing these challenges requires continued advocacy, education, and support to ensure that the legal system fully serves the needs of sexual assault survivors.

Conclusion

New Hampshire’s decision to eliminate the civil statute of limitations for sexual assault cases represents a significant step forward in the pursuit of justice for survivors. By removing time barriers, the state acknowledges the complex nature of trauma and the importance of allowing survivors to seek justice when they are ready. While challenges remain, this legislative change sets a precedent for other states and underscores the importance of prioritizing the rights and needs of sexual assault survivors.

If you need help pursuing a justice for an assault perpetrated on you or a loved one, the attorneys at Parnell, Michels & McKay can help.