Taking legal action related to sexual abuse is an act of strength. Many survivors are not ready to tell their story until years after the abuse occurred, and sometimes, for childhood abuse, not until they are well into adulthood.
Kentucky law sets deadlines, called statutes of limitations, that control how long you have to file a civil lawsuit against an abuser or an institution that failed to protect you. Those deadlines have changed over time, and in 2024, the Kentucky legislature updated the law again, expanding access for many childhood survivors and clarifying important filing procedures.
This guide explains Kentucky’s current civil filing deadlines for sexual abuse lawsuits in plain language. You’ll learn how the rules are different for childhood versus adult abuse, what the 2024 changes mean, what “revival” of expired claims covers, when court records may be filed under seal, and why contacting an experienced lawyer as soon as possible still matters, even if you think your deadline may have passed.
Key Takeaways About Kentucky’s Abuse Lawsuit Filing Deadlines
- Childhood sexual abuse civil claims in Kentucky generally may be filed until age 28 (10 years after turning 18). This timing applies to claims against both abusers and responsible institutions.
- A 2024 amendment explicitly revived certain previously time-barred childhood claims. If a claim was already barred as of March 23, 2021, it may be filed within five years of the date the prior limitation period originally expired.
- Adult-on-adult civil claims (abuse occurring at age 18 or older) are usually subject to Kentucky’s one-year personal injury deadline.
- Kentucky requires special sealing procedures for many childhood-abuse complaints, allowing survivors to file under seal initially.
How Kentucky’s Civil Statutes Work Today
Childhood sexual abuse (survivor was under age 18 at the time)
Under KRS 413.249, a civil action “for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years.” In other words, that’s until the survivor’s 28th birthday.
This deadline applies to lawsuits against the perpetrator and against institutions (schools, churches, youth organizations, employers, etc.) whose wrongful or negligent actions were a legal cause of the abuse.
The statute defines “childhood sexual assault or abuse” broadly by cross-referencing Kentucky’s criminal code (KRS Chapters 510, 529, 530, 531, and attempt/solicitation provisions), but no criminal conviction is required to bring a civil case.
Sealing the complaint to protect privacy
If a complaint alleges childhood abuse that occurred more than ten years before filing, the pleading must be accompanied by a motion to seal. The clerk must immediately seal the record while the court decides the motion. The statute lays out how long the record remains sealed and when it can be unsealed. This procedure can help protect survivors’ privacy at the start of the case.
Claims against institutions
Kentucky law makes clear the 10-year-after-age-18 timeline also governs claims against an “entity that owed a duty of care to the plaintiff.” This situation can occur where an employee/volunteer/agent’s wrongful or negligent act was a legal cause of the abuse. Survivors can seek accountability from organizations that enabled, failed to stop, or covered up the abuse.
What is the “Revival” of certain time-barred childhood claims?
A key 2024 change: the legislature added Section (7)(b) to the law, explicitly reviving claims that were already time-barred as of March 23, 2021. Those claims “may be brought if commenced within five (5) years of the date on which the applicable statute of limitations expired.” In other words, the window is individualized and depends on when the old limitation period expired for a particular claim.
Before this language was added to the current statute, court cases challenged the revival rule. Because constitutional challenges and case-specific issues can still arise, abuse survivors should speak with experienced abuse lawyers promptly to analyze their eligibility under the new revival language.
Adult survivors (abuse at age 18 or older)
Adult-on-adult civil claims in Kentucky generally fall under KRS 413.140, which requires filing “within one (1) year after the cause of action accrued” for personal injury claims. Kentucky courts typically measure accrual from the date of the assault and apply the one-year deadline strictly, with only narrow exceptions. If you experienced sexual assault as an adult in Kentucky, talk with a lawyer as soon as possible to avoid missing this short window.
Does Kentucky Have a “Discovery Rule”?
Studies have shown that abuse survivors, especially those who suffered the abuse during childhood, do not often speak about the abuse or even disclose what happened for years, sometimes decades. Even though many states recognize the various reasons abuse survivors remain quiet, not all states give them the opportunity to discover the effects of the abuse and find the strength to move forward.
Sadly, Kentucky’s current childhood-abuse statute no longer lists a separate “discovery” period in its text. The operative rule is the 10 years after turning 18 plus the individualized revival pathway described above.
Earlier versions of the law contained multiple alternative triggers (including discovery), and some online summaries still repeat that older framework. The controlling statute today is the version effective July 15, 2024.
For adult claims, Kentucky’s one-year personal-injury statute is generally not expanded by a broad discovery rule for assault-based claims; courts have construed it narrowly. A dedicated sexual abuse lawyer can evaluate whether any case-specific tolling doctrines could apply.
How an Abuse Lawyer Calculates Your Deadline (Examples)
These are sample situation examples, not legal advice. Small factual differences can change the outcome—especially under the new revival language.
- Childhood abuse (no prior filing): You turned 18 on May 1, 2018. Under Kentucky law 413.249(2), you generally have until May 1, 2028, to file.
- Childhood abuse where the old deadline already expired before March 23, 2021: If your prior deadline expired on June 1, 2015 (under an older version of the statute) your opportunity to bring a lawsuit ended on that date. Under the 2024 revival clause, your claim may be revived if you filed within five years of that expiration date. In that example, you should have filed by June 1, 2020. If you missed that date, you should get an individualized legal review to assess any path forward.
- Adult assault: The abuse occurred on December 15, 2024. Your civil claim typically must be filed by December 15, 2025. Waiting past one year risks losing your claim.
Who Can You Hold Responsible and What Compensation Can You Request?
Survivors may bring lawsuits to hold various parties responsible for the injuries caused by the abuse. Under KRS 413.249, lawsuits can target:
- The individual abuser who personally acted in an abusive way
- Institutions that owed a duty of care and whose negligence or misconduct was a legal cause of the abuse might be named as defendants. For example, a church, school, camp, sports league, or employer might be held liable if they allowed, ignored, or covered up the abuse.
Most abuse lawsuits seek compensation for the survivor’s mental health therapy and medical care, lost wages or education opportunities, pain and suffering, and—in some really horrible cases—punitive damages.
What Does it Mean to File Under Seal? Other Privacy Protections That May Be Available
Kentucky provides a structured path to seek privacy at the outset of a case. If your complaint alleges abuse that occurred more than 10 years before filing, it must be filed along with a motion to seal. Upon filing, the clerk immediately seals the complaint, and the record stays sealed until the court rules on the motion.
You can also ask your attorney about filing anonymously or under a pseudonym, such as “Jane Doe” or “John Doe,” if you can be protected from the media, and whether your facts meet the statute’s sealing criteria.
Frequently Asked Questions (FAQs) About Kentucky Filing Deadlines
I was abused as a child in Kentucky. Do I still have time to file a lawsuit?
Possibly. Many survivors can file until age 28. If your prior deadline expired before March 23, 2021, the 2024 revival clause could affect your rights, but it uses an individualized five-year timeline based on when your earlier statute of limitations expired. Speak with a dedicated abuse lawyer immediately to calculate your exact deadline.
I’m an adult survivor, and my assault happened last year. What’s my deadline?
Adult assault claims are typically governed by the one-year personal injury filing deadline. Do not wait—consult a lawyer now to file within that year and to evaluate any narrow exceptions that might apply.
Can I sue an institution that enabled my abuser?
Yes, if the institution owed you a duty of care and a wrongful or negligent act by an employee, officer, volunteer, or agent was a legal cause of your abuse. Kentucky’s childhood-abuse statute expressly covers entity defendants.
Do I need a criminal conviction against my abuser to bring a civil lawsuit for the abuse they caused?
No. A criminal conviction is not required to file a civil case for sexual abuse. Civil cases have a lower burden of proof and are independent of criminal prosecutions. However, if your abuser was found guilty of a related crime or pled guilty to the circumstances surrounding your abuse, the criminal case outcome may help support your civil case.
Will my name be part of the public record if I file an abuse lawsuit?
Kentucky law mandates a motion to seal information related to certain childhood-abuse filings, and courts can allow pseudonymous filing in appropriate cases. Your attorney can ask the court to protect your identity and sensitive details as permitted by law.
What Should an Abuse Survivor Do Now?
- Talk to a trauma-informed attorney who handles sexual abuse cases in Kentucky. Even if you think your time has run out, the 2024 changes may affect your rights.
- Write down what you remember in a safe place. Save texts, emails, journals, school or church documents, and any communications that could support your case.
- Consider therapy and supportive services. Healing and legal action can happen on your timeline; a good legal team will respect your pace.
Why You Can Trust the File Abuse Lawsuit Team to Handle Your Abuse Case
At File Abuse Lawsuit, we represent survivors only. Our work is survivor-centered and confidential. We understand Kentucky’s evolving laws and how to build strong cases against individuals and institutions. We’ll explain your options clearly, keep your information private, and fight for accountability and compensation.
Speak With Our Survivor-Focused Lawyers Today
Time limits can be complicated, and missing them can permanently bar your claim. If you experienced sexual abuse in Kentucky as a child or adult, or if you’re unsure how the 2024 changes impact you, reach out now. The sooner you speak with a lawyer, the more options you may have.
Call (209) 283-2205 for a free, confidential consultation with File Abuse Lawsuit.