Here Is What Is Happening In Alaska
Civil Statute of Limitations
Discovery Rule:  Yes
Limitations Period:  19 + 2 Years
3 Years for misdemeanors
Tolling:  No
  • No Statute of Limitations for Suits Based on Serious Sexual Offenses: Actions for felony sexual abuse of a minor, felony sexual assault, or unlawful exploitation of a minor may be brought at any time. Alaska Stat. § 09.10.065.

  • 3 years for Lesser Offenses: Suits based on misdemeanor sexual abuse of a minor, misdemeanor assault, incest, and felony indecent exposure must be brought within 3 years. Id.

  • Discovery/”Should have discovered” Rule: 3 year extension: There is a 3-year statute of limitations for actions based upon misdemeanor sexual abuse of a minor from after “the plaintiff discovered or through reasonable diligence should have discovered that the act caused the injury or condition.” Alaska Stat. § 09.10.140(b).
     
  • Retroactivity: to Effective Date (October 1, 2001): The effect of Alaska Stat. § 09.10.065 (eliminating the SOL actions based on serious sexual offenses) was limited to claims that were not time-barred on October 1, 2001. 2001 Alaska Sess. Laws 86 § 4; Catholic Bishop of N. Alaska v. John Does 1-6, 141 P.3d 719, 725 (Alaska 2006). The state legislature may, however, retroactively revive time-barred actions by a clear and explicit showing of intent to do so. Id.
Criminal Statute of Limitations
Limitations Period: None for victims abused when they were under 18 (felony)
5 years from the commission of the offense for misdemeanors
Tolling:  N/A
Exceptions  N/A
  • No Statute of Limitations for Sexual Offenses Against Minors: Sexual offenses perpetrated against children under age 18 as well as sexual offenses involving children (e.g. prostitution) have no statute of limitations. Alaska Stat. § 12.10.010(a).

  • No Statute of Limitations for misdemeanor of sexual assault in the fourth degree: §11.41.427.
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