If you’re a survivor of sexual abuse, Hawaii’s civil filing deadlines (statutes of limitations) that apply to your case depend on several factors. It’s important to know when the abuse happened (and whether you were under 18) and, for some adults, whether your claim qualifies for Hawaii’s new revival window.
This guide breaks down those timelines in simple terms, highlights key exceptions (like discovery rules and tolling), and explains what they mean for civil sexual abuse lawsuits against individuals and institutions.
Survivor-first note: Hawaii’s statutes sometimes use the term “victim.” In this guide, we use “survivor” because we respect your voice and all you’ve been through.
Key Takeaways About Hawaii Filing Deadlines
- Childhood sexual abuse—new timeline for abuse on/after July 1, 2024: You can file a lawsuit until age 50 (32 years after turning 18) or within 5 years of discovering, as an adult, that the abuse caused psychological injury—whichever is later. A certificate of merit is required. Courts may also order trauma-informed training for institutions.
- Childhood sexual abuse—older timeline for abuse before July 1, 2024: You generally have until age 26 (8 years after turning 18) or within 3 years of the discovery of injury—whichever is later. A now-closed lookback window (2012–2020) temporarily revived older claims.
- Adult survivors—standard rule: Most adult civil claims (for abuse that occurred after age 18) follow Hawaii’s two-year personal-injury deadline, with possible extensions (e.g., fraudulent concealment or while a criminal case is pending).
- Adult survivors—new revival window for time-barred claims: From July 1, 2024, through June 30, 2026, adults abused after June 30, 2012, may file a lawsuit even if their claim was previously time-barred. Suits can also target institutions (under a gross negligence standard), and a certificate of merit is required.
- Institutional liability: Survivors may sue institutions (schools, churches, youth organizations, employers) that owed a duty of care and were grossly negligent in allowing abuse; Hawaii law also requires a certificate of merit from a qualified mental-health professional in these cases.
How Hawaii’s Civil Deadlines Work
First, why do filing deadlines matter?
A statute of limitations is a legal clock. If it runs out before you file, you can lose your right to bring a civil lawsuit, unless your claim falls under a revival window or another tolling/extension rule. Hawaii has made significant, survivor-friendly changes in recent years.
Childhood Sexual Abuse (When the Survivor Was Under Age 18)
If the abuse occurred on or after July 1, 2024
Hawaii dramatically expanded the filing period for new child-abuse claims. Now survivors of childhood abuse can take legal action:
- Until age 50 (32 years after their 18th birthday), or
- Within 5 years of when, as an adult, they discover (or reasonably should discover) that their psychological injury was caused by the childhood abuse,
- Whichever is later.
The updated statute also authorizes courts to order trauma-informed training for institutional defendants and requires the plaintiff to file a certificate of merit with their complaint. This is a sealed statement from a qualified mental-health professional supporting the claim.
What this means in real life: If you were abused at age 12 in 2025, you can file an abuse lawsuit any time up to age 50 or longer if you don’t discover the psychological impact until later in adulthood (subject to the 5-year discovery period).
If the abuse occurred before July 1, 2024
Older incidents of childhood abuse are governed by the prior timeline, which allowed the survivor of childhood abuse to file a lawsuit:
- Until age 26 (8 years after turning 18), or
- Within 3 years of adult discovery of injury caused by childhood abuse,
- Whichever is later.
Hawaii also previously opened revival “lookback” windows for time-barred child abuse claims beginning in 2012. These windows of opportunity extended the survivors’ filing deadlines so they could file through April 24, 2020. Sadly, those windows are now closed. If your claim became timely and you filed during that period, it could proceed even if the ordinary deadline had passed.
Suing institutions for child abuse
You may bring claims not only against the abuser but also against legal entities (schools, churches, youth programs, employers) that had a duty of care to you or controlled the setting where the abuse occurred.
However, under Hawaii law, to recover damages against an entity, you must prove gross negligence on its part. A certificate of merit is required with the complaint, and it is filed under seal. Courts can order trauma-informed response training for institutional personnel.
Adult Sexual Abuse (When the Survivor was 18 and Older)
Standard deadline: Two years
In most adult cases, Hawaii’s general personal-injury statute requires filing within two years of the incident. This is the baseline timeline many adult survivors face outside a special statute.
Extensions that can lengthen the two-year period
Hawaii recognizes several statutory extensions (“tolling” rules) that may give adult survivors more time in specific circumstances:
- Fraudulent concealment: If the person responsible (or a liable party) concealed the cause of action or the perpetrator’s identity, you can sue within six years of discovering the claim or the responsible party—even if the ordinary period had expired.
- Pending criminal case: The civil deadline doesn’t run while a related criminal case is pending; once the criminal court’s jurisdiction ends, the civil clock resumes.
- Legal disabilities (infancy/insanity/imprisonment): Hawaii’s general tolling provision may pause deadlines when certain disabilities exist, though child-abuse cases largely use the specific child-abuse statute discussed above.
These extensions are fact-specific. A quick legal review by a dedicated abuse lawyer can determine whether one applies to you.
New: Adult revival window (time-barred claims) is open from July 1, 2024, to June 30, 2026
Hawaii created a special two-year window for adult survivors whose claims were previously time-barred, as long as the abuse occurred after June 30, 2012. During this window, you can file against the abuser and, where appropriate, an institution that owed you a duty of care, again with a gross-negligence standard for entity liability and a certificate of merit requirement.
Practical tip: If your adult claim is older than two years but the abuse happened after June 30, 2012, talk to an attorney promptly. This window closes June 30, 2026.
Discovery Rules & How They Apply
- For childhood abuse: The discovery rule is built directly into the statute, allowing 5 years for abuse on/after July 1, 2024, and 3 years for abuse before that date. It runs from when you knew or reasonably should have known that your psychological injury was caused by the childhood abuse.
- For adult abuse: There is no separate, across-the-board “adult sexual abuse discovery statute,” but tolling doctrines (such as fraudulent concealment) and the criminal-case pendency rule can effectively extend time in certain situations. The adult revival window is a separate, temporary path to file, even if your claim is otherwise time-barred.
Examples: How the timelines might work
Since every case is different, you should always consult with a qualified attorney to understand the exact deadlines that apply to your unique circumstances. In the meantime, here are a few common examples to help clarify the complicated nature of Hawaii’s rules:
- Child abuse occurred in 2024 (age 12 at the time): You can file any time up to age 50; if you first connect your adult psychological injury to the abuse at age 48, you’d also have 5 years from discovery (to about age 53), because the later of the two applies.
- Child abuse occurred in 2010 (no earlier filing): The ordinary deadline was age 26 or 3 years from discovery; some survivors who were previously time-barred could file during the 2012–2020 lookback (now closed). If you didn’t file during that window, speak with counsel about any other tolling that could still apply.
- Adult abuse occurred in 2015: Ordinarily, the filing was due by 2017 (two years). But if the abuser’s identity was fraudulently concealed, you may have up to six years from the discovery of the claim or identity. And if the abuse occurred after June 30, 2012, and you were time-barred, the 2024–2026 adult revival window may allow a filing now.
What if there’s a related criminal case?
If a criminal prosecution arising from the same incident is pending, Hawaii law pauses the civil clock until the criminal court’s jurisdiction ends. This protects your ability to pursue civil compensation without being penalized for waiting while prosecutors proceed.
FAQs About Hawaii Abuse Lawsuits
Do I have to identify the exact incident in a series of abuse to file?
No. Hawaii allows survivors alleging a series of abusive acts to file without pinpointing which exact act caused the injury. This principle appears in the child abuse statute’s structure by allowing claims based on the overall pattern and recognizing discovery of injury connected to the abuse, and courts focus on the causal connection between the abuse and the injury. Your attorney can build the case around the pattern and trauma impact.
What is a “certificate of merit,” and will I have to testify to get one?
A certificate of merit is a sealed, confidential statement from a Hawaii-licensed mental health professional, for example, a psychologist, LMFT, LMHC, or LCSW, who has interviewed you and can attest there’s a reasonable basis for the claim. It’s filed by your attorney; you don’t testify to obtain it. Both the child statute and the adult revival window require this certificate.
Can the civil deadline be extended if the abuser or an institution hid what happened?
Yes. If the responsible parties fraudulently concealed the abuse or the abuser’s identity, Hawaii law can extend the filing period, letting you sue within six years of discovery of the claim or the identity, even if the normal deadline has run. This rule applies broadly to personal-injury actions.
I’m an adult survivor, and I think my filing deadline passed. Do I still have options?
Possibly. If the abuse happened after June 30, 2012, the adult revival window (July 1, 2024–June 30, 2026) may allow you to file now, even if you were time-barred. Don’t wait to contact a legal professional. Laws change and windows close.
What if I’m not sure when I “discovered” the connection between my injuries and the abuse?
Discovery is about when you knew or reasonably should have known the abuse caused your psychological injury. Medical records, therapy notes, and life events often help fix this date. Because Hawaii’s timelines depend on discovery in many child abuse cases (and some adult scenarios through tolling doctrines), an attorney can help evaluate your specific facts against the statute.
What to do next (and why timing matters)
Hawaii’s laws are among the most survivor-focused in the country, but the rules differ based on your age at the time of the abuse, the date of the abuse, whether a criminal case is ongoing, whether there was concealment, and—if you’re an adult—whether you qualify for the 2024–2026 revival window. Seeking legal help quickly ensures:
- Evidence (documents, texts, emails, personnel files) is preserved
- The right deadline is identified and met
- Any tolling or revival options are used
- The certificate of merit is properly prepared and filed under seal
- Claims against institutions are investigated promptly, with the required gross negligence requirements in mind
The Team at File Abuse Lawsuit Offers Compassionate, Confidential Legal Help When You Need It
If you’re considering bringing a civil claim against anyone who caused or allowed your abuse, or if you just want answers without added pressure, the File Abuse Lawsuit team is here to listen and help you understand your options under Hawaii law.
When you reach out, we’ll:
- Listen to your story at your pace
- Map your potential deadline (including discovery and any window/tolling rules)
- Explain the certificate of merit and how we protect your privacy
- Evaluate possible institutional liability (schools, churches, camps, employers)
- Outline your next steps with zero obligation to proceed
If you’re ready now—or just curious what’s possible—we’ll meet you where you are. Call us at (209) 283-2205 for a free, confidential consultation.