Delaware Statutes of Limitations (Filing Deadlines) for Abuse Lawsuits

Survivors of sexual abuse in Delaware may have extended or unlimited filing deadlines to bring legal action against their abuser and any entities that allowed or covered up the abuse. If you’re thinking about taking civil action after sexual abuse in Delaware, you deserve clear, survivor-centered information about your legal deadlines and options.

This guide explains how Delaware’s statutes of limitations (filing timelines) apply to both childhood and adult abuse, how claims against institutions are treated, and what to do next if you’re unsure whether you still have time to hold those responsible accountable for the harm they caused.

Childhood sexual abuse (the survivor was under 18): Delaware has no civil statute of limitations for bringing childhood abuse claims. If the abuse happened when they were under age 18, survivors can file a civil lawsuit at any time. This protection applies to cases against perpetrators and institutions, for example, schools, churches, youth groups, and employers, for conduct that would be a sexual offense under Delaware law.
Adult sexual abuse (the survivor was 18+): Most civil claims, such as assault/battery, negligence, and negligent security/supervision, follow Delaware’s general two-year personal-injury deadline. This means survivors must act quickly after the abuse occurs. Some limited doctrines (like equitable tolling for fraudulent concealment) may extend the filing deadline in rare situations, but you should not rely on them without legal advice.
2007 “lookback” window: Delaware opened a special two-year window (which is now closed) to revive previously time-barred child abuse claims. The ongoing rule is the unlimited filing period for child-abuse claims.

How Delaware’s Filing Deadlines Work For Abuse Survivors

Childhood Sexual Abuse: Survivors May File at Any Time

Delaware’s Child Victims Act makes it clear: “A cause of action based upon the sexual abuse of a minor by an adult may be filed… at any time.” Courts have confirmed this language eliminates the statute of limitations prospectively, not only against the perpetrator but also against institutions whose negligence enabled the abuse.

Courts are finally recognizing that abuse survivors often don’t disclose what happened, or don’t realize the connection between the abuse and later psychological harm, for years or even decades after the abuse. Delaware’s law means survivors can bring claims at any time later, when they are ready and supported.

Who Can Be Sued in Delaware Child-Abuse Cases?

Individuals who committed the abuse based upon intentional torts like sexual assault/battery or intentional infliction of emotional distress.
Institutions and third parties whose actions or inaction contributed to the abuse. Claims may be based on negligent hiring or retention, negligent supervision, failure to report the abuse, concealment of the abuse, unsafe premises, or enabling policies. Delaware courts have treated the “file any time” rule as applying to these institutional claims, not just the abuser.

What Was the 2007 Revival Window?

When the most recent Delaware statute was passed, it also created a two-year revival window so survivors whose claims were already time-barred could file. That revival window ended long ago, but it doesn’t affect today’s ongoing right to file new child-abuse claims at any time.

Adult Sexual Abuse (Age 18+): Two-Year General Limit

For abuse that occurred when you were 18 or older, Delaware has a standard civil personal-injury limitation: two years from the date your claim accrues. This two-year clock usually starts on the date of the assault or on the date the injury occurred. Survivors often pursue claims against institutions or entities for assault/battery, negligence (for example, negligent security), negligent hiring/retention, or premises liability, depending on the facts.

Can the two-year filing period be extended?

Sometimes. Delaware recognizes equitable doctrines, like fraudulent concealment, that can toll (pause) a deadline if a defendant actively hid the existence of your claim in a way that prevented discovery despite diligence. These are fact-intensive and uncommon.

An experienced, trauma-informed lawyer can assess whether such tolling might apply in your case, but the safest approach is to assume you only have two years and move quickly.

Abuse Claims Against Institutions in Delaware: What to Know

Childhood abuse: You can sue institutions as well as individuals at any time, and you do not have to identify which specific incident in a pattern caused which part of your injury because courts recognize grooming and repeated misconduct. Institutional theories include negligent hiring/retention/supervision, failure to report, concealment, negligent security, and related claims.
Adult abuse: Institutional or third-party liability by hotels, rideshare platforms, bars, landlords, employers, and event venues typically follows the two-year personal-injury timeline. If a company destroyed or hid evidence, your attorney may argue for tolling, but do not depend on that without a prompt legal review.

How “Discovery” Works in Delaware

Delaware’s child abuse statute doesn’t require you to file within a set number of years after “discovering” the harm. Instead, you can file any time. For adult cases, Delaware law generally measures from the date of injury, with limited room to delay accrual if the defendant fraudulently concealed the claim.

Evidence such as hidden prior complaints, suppressed video, or misrepresentations by an institution could be relevant to tolling, but each situation is unique and closely scrutinized. Be sure to consult with a knowledgeable abuse attorney to understand your specific legal rights.

How the Deadlines Apply in Real Life (Examples You May Relate To)

Below are common fact patterns we see in Delaware and how the filing clocks typically work. These are illustrations—not legal advice—but they can help you understand your rights.

1) Abused as a child at a church youth program in the 1980s–1990s, no lawsuit filed yet

Law that applies: Delaware’s child-abuse statute (10 Del. C. § 8145).
Deadline: No time limit. You can file at any time—against the abuser and, where the facts support it, institutions that were grossly negligent.
Why this matters: Even if it’s been decades and you only recently connected the trauma to the abuse, Delaware’s law still lets you file.

2) Multiple incidents by a grade school teacher over several years, but the harm was disclosed in therapy last year

Child vs. adult? Because the conduct occurred before age 18, the child-abuse rule governs.
Deadline: There is no time limit, even if there were many acts over time. You do not have to identify which specific incident caused which injury.
Institutional angle: Claims against the school and/or district are possible where facts support notice, negligent supervision, hiring/retention, or concealment. (Your attorney will gather personnel files, prior complaints, and policy records.)

3) Assault at age 23 in a rideshare; the company allegedly ignored prior safety warnings

Law that applies: Adult personal-injury deadline (2 years) from the date of the assault.
Who can be sued: The perpetrator, and potentially the rideshare company or others (premises owners, third-party contractors) under negligent security, negligent hiring/retention, or failure to warn theories.
Practical tip: Move fast. App data, dashcam footage, and location records can auto-delete or become harder to obtain with time.

4) Adult survivor learns two years later that a hotel hid prior assaults by the same employee

Clock check: The basic 2-year adult period may have run.
Possible path: Your lawyer may argue equitable tolling due to fraudulent concealment if the hotel actively hid facts that prevented earlier discovery. This is a fact-intensive scenario. Ask your lawyer to evaluate emails, incident logs, and internal reports.
Action step: Send preservation letters immediately to prevent the destruction of video, swipe-access logs, personnel files, and security memos.

5) Abuse partly in Delaware and partly in another state

Where to file? Depends on where the acts occurred and where the defendants can be sued.
Which deadline? Courts apply choice-of-law rules. If Delaware law applies to Delaware incidents, child claims have no time limit; adult claims are 2 years (unless a valid tolling doctrine applies).
Strategy: A lawyer maps each incident to the state law that’s most favorable and legally available, then files in a forum that can hear the whole dispute or coordinated suits if needed.

6) Survivor fears public exposure and employer retaliation

Confidentiality tools: Courts can allow initials in the caption and protective orders for sensitive records.
Employment angle: If retaliation occurs, additional employment-law claims may arise with their own timelines. Mention any job-related threats to your attorney right away. They may recommend an employment lawyer to help with that case.

7) Old child-abuse claim; the abuser died years ago

Still worth reviewing? Yes. Delaware’s no-limit child-abuse statute allows suits against institutions even if the abuser is deceased.
Proof without the abuser: Personnel files, prior complaints, board minutes, insurance applications, and witness statements may establish that the institution knew or should have known and failed to act.

8) You reported the abuse to the police, and there’s now an active criminal case

Civil timing: You do not need to wait for the criminal case to end to file a civil lawsuit, but coordination can be helpful.
Evidence flow: Civil counsel can work in parallel to the criminal proceedings, preserving evidence and ensuring the civil statute (especially for adult claims) doesn’t expire while prosecutors proceed.

Practical Steps to Take If You’re Considering Filing an Abuse Case in Delaware

Recreate your timeline. Jot down what happened, approximate dates, who knew what and when, and where it occurred.
Preserve evidence. Save all related texts, emails, DMs, journal entries, photos, school/HR or incident reports, and medical or therapy records.
List potential defendants. Include individuals and organizations that had control, responsibility, or notice of the abuse, such as schools, churches, youth groups, employers, hotels, rideshare companies, landlords, and venue owners.
Ask your lawyer about safety and privacy. Discuss options to use initials or seek protective orders to reduce the exposure of sensitive information.
Move quickly if you were 18+ at the time of the abuse. Delaware’s two-year deadline is short. Taking legal action early helps preserve video footage, key documents, and witness memory.

Do I need to show my abuser has a criminal conviction before I can sue?

No. Civil lawsuits are separate and use a lower standard of proof. You can pursue accountability and compensation without a criminal case. However, any proof of a criminal conviction can help support your claim for compensation for your harm.

Can I file anonymously?

Delaware courts may allow survivors to file a lawsuit using only initials or a pseudonym such as Jane Doe or John Doe. Also, your legal team may be able to file for protective orders in certain circumstances to keep your identity private. Your lawyer can explain confidentiality protections tailored to your situation.

What if the perpetrator is deceased or has no assets (judgment proof)?

You may still have viable claims against institutions that enabled the abuse. Liability can stem from the entity’s negligent hiring or retention, supervision, failure to report, or concealment of the abuse, even if the individual abuser cannot be sued or cannot pay.

My abuse happened partly in Delaware and partly in another state—where do I file?

Choice-of-law and jurisdiction rules determine which court and which state’s deadlines apply. If any part of the abuse took place in Delaware or a Delaware-based institution was involved, Delaware may be an option. A skilled attorney can listen to the facts of your story to determine which jurisdiction and deadlines apply across states.

Will I have to testify publicly?

Many cases are resolved privately, out of court, and without a public trial. If testimony is needed, your legal team can seek protective trial measures, such as closed proceedings for certain testimony, privacy safeguards for sensitive records, and more. Your lawyer will prepare you for every step with a trauma-informed approach.

Trust the Team at File Abuse Lawsuit: We Provide a Survivor-Focused Path Forward

You deserve to be heard, believed, and supported. Whether the abuse happened recently or decades ago, Delaware law offers strong civil options, especially for child-abuse claims, which can be filed at any time. If your experience occurred when you were 18 or older, the two-year civil deadline makes early action essential.

Talk with Our File Abuse Lawsuit Team for Free During a Confidential Consultation

Call (209) 283-2205 for a private meeting File Abuse Lawsuit. When you reach out, we will:

Listen first, at your pace, with zero pressure.
Pinpoint your filing deadline under Delaware law, which is usually unlimited for child-abuse claims and generally two years for adult claims.
Identify all responsible parties, including institutions, and move quickly to preserve evidence.
Protect your privacy by exploring filing options or seeking protective orders.
Build a trauma-informed strategy aimed at accountability and the maximum compensation available.

Your voice matters, and your timeline matters. When you’re ready, call (209) 283-2205 and we’ll help you take the next step.