Florida’s Statute of Limitation for Sexual Abuse Claims Against Children Who Only Remember Their Abuse Much Later In Life

Florida has one of the very best civil statutes of limitation regarding child abuse. Florida legislators have recognized that child abuse victims are not always able to remember their abuse because of the psychological trauma it inflicts.

In cases where victims of childhood abuse remember their abuse only later in life, Florida law allows them to sue their abusers. Other states block this action if it occurs later than that state’s statute of limitation allows.

Statutes of limitation block criminal and civil action against a perpetrator if too much time has passed between the incident and the when a criminal or civil action is commenced.

Good reasons exist to keep statutes of limitation. For example, evidence can be lost, and witnesses’ memories fade. In those situations, justice is not served by trying a defendant in court.

However, when a victim’s memory of the incident does not surface until years later, it is wrong to let perpetrators avoid liability for their actions just because the victim was so traumatized that he or she could not remember the event.

Florida’s law allows anyone who was abused to file suit against their abuser within 4 years from the time they discovered both that they were abused and that the abuse cause caused the injury they now suffer from.

However, if the victim does remember the abuse then they must file suit before they turn 25 or within four years after they are no longer dependent on the abuser.

See Florida Statute Section 95.11(7)