The Nevada statute of limitations for sexual assault differs depending on whether the case is criminal or civil. If you are unsure which applies to your or your loved one’s civil case for damages, you can contact a personal injury lawyer in Nevada for more information.
Civil Statute of Limitations in Nevada Sexual Assault Cases
Adult survivors of sexual assault in Nevada have unlimited time to sue and recover damages. The state removed the statute of limitations for survivors in June 2023, when Senate Bill 129 (SB129) was signed into law. Before the change, they had only two years from the incident date to sue for damages. Now, they can take legal action for incidents that occurred when they were age 18 or older without worrying about a deadline.
Time Limits for Survivors of Childhood Sexual Assault
Nevada gives people who suffered childhood sexual assault 20 years to sue for civil damages, per NRS § 11.215. This period starts from the date they discovered their injuries or should have discovered their injuries, or from their 18th birthday, whichever occurs later. They can sue those who physically harmed them as well as those who allowed the assault to occur.
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Criminal Statute of Limitations in Nevada Sexual Assault Cases
If you are reviewing time limits for criminal cases involving sexual crimes committed in Nevada, you will be looking at a different set of statutes of limitations.
NRS § 171.085 establishes that the time limit for sexual assault criminal cases is within 20 years of the alleged offense. This means survivors have 20 years to file a written report about the crime to police.
Also, under the law, there is no time limit on when police can file charges for an incident. A statute of limitations deadline also does not apply if DNA evidence identifies a suspect.
Time Limits for Adult Survivors of Childhood Sexual Assault
Nevada law extends the statute of limitations for adult survivors reporting sexual assault that occurred when they were minors (under age 18).
In a criminal case, under NRS § 171.095, they have until they are 36 years old if they discover, or reasonably should have discovered, before turning 36 that they suffered sexual abuse or trafficking.
In either case, an attorney can explain what the Nevada sexual assault statute of limitations applies and how it affects you if you wish to seek legal action. Civil cases deal with holding the perpetrator liable for the damages they caused a sexual assault survivor.
Nevada’s Extended Statute of Limitations Acknowledges the Challenges Survivors Face
Survivors of sexual assault process trauma differently, but one thing many can agree on is that they need time to recover. It can take many years for them to come forward and talk about what happened to them, no matter what their age was when the crime occurred.
Extending Nevada’s sexual assault statute of limitations gives them more time to process psychological and emotional trauma and seek justice when they feel they can do so. If you or a loved one wants to take legal action for the damages suffered, you can, and our lawyers are here to support you every step of the way.
How Does Nevada Law Define Sexual Assault?
NRS § 200.366 defines sexual assault and rape as any of the following:
- Forced penetration without a person’s consent, including under threat
- Forced penetration or sexual activities when the person cannot resist physically or understand and consent mentally
- Any sexual penetration involving a child under age 14
In Nevada, sexual assault is a Category A felony, and penalties include life in prison. A conviction also requires perpetrators to register in Nevada’s Sex Offender Registry. Regardless of the outcome of a criminal trial or if there is a criminal trial, survivors of sexual crimes can pursue a civil case against the perpetrator for damages.
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What Civil Damages Can Survivors Seek in Nevada Sexual Assault Cases?
Sexual assault survivors have a right to recover monetary compensation for any damages they suffered after the assault. They can hire a Nevada sexual assault lawyer to help them recover:
- Medical expenses (past, present, and future)
- Rehabilitative therapy costs
- Mental health treatment, therapy, counseling, and support
- Income losses
- Reduced earning ability
- Related expenses
- Pain and suffering
- Mental anguish
- Emotional distress
- Other related damages
Various forms of evidence can support damages cases, including:
- Medical reports and doctor’s notes
- Police reports
- Sexual assault evidence kit results
- Eyewitness testimony
- Expert witness statements
- Video surveillance footage
- Written or electronic communications
An attorney can review all evidence and build a case for damages.
Who Can Survivors Sue for Damages in Nevada Sexual Assault Cases?
Anyone who perpetrated a crime against the survivor and anyone who allowed it to take place can be held accountable for the survivor’s damages. This means any of the following can be defendants at a civil trial:
- Daycare centers
- After-school programs
- Summer camps
- Sport leagues
- Athletic teams
- Other organizations or groups
How Else Can a Nevada Sexual Assault Attorney Help a Case?
Hiring an attorney to lead your case for damages can ensure you have a legal professional who understands your situation and can protect your rights and recovery.
They can explain how Nevada’s statute of limitations for sexual assault could affect your case and what financial and non-financial damages you could recover. They can also identify all liable parties and demand financial compensation from each one.
A sexual assault attorney handling cases in Las Vegas can also tell you what to expect and take protective measures that help you deal with the emotional aspects of litigation, which can include fear, anxiety, overwhelm, and other feelings. We will help you get through this journey. You won’t go through it alone.
Call Van Law Today for Legal Help With a Nevada Sexual Assault Case
We understand how difficult it is for survivors to press ahead with a case for damages in a sexual assault case. That’s why we are here to help. We believe in getting justice and will lead your case for financial recovery from those responsible for harming you or your loved one.
Call Van Law today for legal guidance and help with taking your next steps. You can tell us more during a free, confidential consultation. We will work toward recovering your full compensation. Our 24-hour team is standing by for your call, so reach out to us today.
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