You may not be too old to file a child sexual abuse claim if you only recently discovered the abuse or its impact on your life. New Mexico’s statute of limitations for these claims is typically strict, requiring victims to come forward before their 24th birthday. Still, there exists a “discovery rule” that may provide older victims more time to file their claims.
Child sexual abuse is a deeply traumatic experience that can leave lasting scars on survivors. Many who endured such abuse find it difficult to come forward, often taking years or even decades to speak out about their experiences. When survivors are ready to seek justice, they may worry about whether they are too late to file a claim. Understanding the legal framework surrounding child sex abuse claims in New Mexico can provide clarity and support to those considering legal action.
The Statute of Limitations for Child Sexual Abuse Claims
The statute of limitations for child sex abuse claims in New Mexico has undergone significant changes to better support survivors. Previously, the law imposed restrictive time limits that prevented many individuals from seeking justice after adulthood. However, recent legislative amendments have extended these time frames, providing more opportunities for survivors to file claims.
Under current New Mexico law, survivors of child sex abuse have until their 24th birthday to file a claim against their abuser. This extension acknowledges that many survivors may not be ready to come forward until well into their adult years, but it does fall short of acknowledging older adults.
New Mexico’s Discovery Rule for Child Sexual Abuse Claims
The discovery rule is a mechanism that allows adults in New Mexico to file child sexual abuse claims even if they are older than 24. This rule allows survivors to file a claim within three years after discovering the abuse or its impact, rather than from the date the abuse occurred.
For example, if a 40-year-old adult suffered a psychological injury that they recently connected with sexual abuse they endured as a child, the adult could file a claim within three years. Likewise, older adults can file claims within three years of disclosing the abuse to a licensed mental healthcare provider or physician.
What If My Abuser Is Dead?
If an adult who sexually abused you as a child is deceased, you can file a claim against their estate or a third party associated with them. Unless the abuser is recently deceased, however, it’s unlikely that they have an open estate; in this case, taking action against a third party might be the best option.
Two high-profile organizations that may be considered liable third parties to child sexual abuse include the Catholic Church and Boy Scouts of America, but others may apply. Under New Mexico law, you may file a claim against such an organization if it was relevant to the abuse as a third party.
We Can Offer Legal Support
No survivor should feel they are too old to seek justice for child sexual abuse. Although New Mexico’s laws are more restrictive than some states’ laws, the discovery rule provides a considerable degree of latitude for older victims of child sexual abuse to come forward.
If you need help exploring your legal options, Michael J. Doyle, Attorney At Law can be there for you. Our personal injury lawyer is an experienced advocate for our clients, providing them with proactive legal support that addresses their needs and concerns.
Learn more about how Michael J. Doyle, Attorney At Law can help by contacting us today.