Here Is What Is Happening In Washington

Civil Statute of Limitations

Discovery Rule: Yes
Limitations
Period:
18 + 3 years
Tolling:  Yes
  • Age 18 + 3 years: Majority + 3 years from either the act, the discovery, or the appreciation/causal relationship of harm as to Sexual Abuse and certain Negligence actions. Wash. Rev. Code Ann. § 4.16.340(1).

  • Delayed Tolling for Sexual Offenses Against Minors: The 3-year statute of limitations is tolled until the minor victim reaches the age of 18. Wash. Rev. Code Ann. § 4.16.340(1).
     
  • Discovery Rule : Until victim discovered or reasonably should have discovered that the injury or condition was caused by said act. Wash. Rev. Code Ann. § 4.16.340(1)(b). Or, until victim that the act caused the injury for which the claim is brought. § 4.16.340(1)(c).

Criminal Statute of Limitations
Limitations Period: Age 28 when victim was abused under age 14 and is reported within one year of offense.
10 years from commission of the offense for victim raped over age 14 and is reported within one year of the offense.
Age 18 + 3 years or 7 years from the date of the offense (whichever is later) for unreported victim raped under age 14.
3 years from date of offense for unreported victim raped over 14 years old.
Age 28 for most other sexual offenses
Tolling: Yes while accused is absent from state
Exceptions Yes
  • Most offenses are within 3 years of the CSA victim's 18th birthday or within 7 years of the offense, whichever is later. : See Wash. Rev. Code Ann. § 9A.04.080(1)(c). Excepting if a first or second-degree rape victim was under 14 years old at the time of the offense and it was reported to the police within one year after its commission, then action must be brought within 3 year of victim's 18th birthday or 10 years after the commission, whichever is later. Wash. Rev. Code Ann. § 9A.04.080(1)(b)(iii).

1352 Text:

5100 Text:

 

News
Date Title Author Source PDF
04/19/2013 Child Sex Abuse Prosecutions Extended Jim The Spokesman Review
03/05/2013 Changes to child sex abuse statute of limitations in Washington mean justice for victims and prosecution for offenders Jim Harlove Senate Democrats
02/04/2013 State looking to extend statute of limitations for child abuse Joel Moreno KOMO News

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