If you’re a survivor of sexual abuse in Nebraska, it’s important to know how long you have to file a civil case against your abuser or any entities that may have been involved. Nebraska’s statutes of limitations for abuse claims are different from those of many states, especially for childhood sexual assault.
In some situations, there is no time limit to sue the individual abuser. In others (like claims against institutions), strict age-based deadlines apply. This guide explains the timelines in clear, practical terms so you can make the best, informed decisions that fit your needs.
Key Takeaways About Nebraska Abuse Filing Deadlines
- Childhood sexual assault — claims against the abuser: Nebraska law sets no time limit to sue the individual perpetrator for sexual assault of a child, for assaults occurring on or after August 24, 2017, and for earlier assaults that were not already time-barred as of that date.
- Childhood sexual assault — claims against others (institutions, employers, etc.): You generally must sue by age 33 (that is, 12 years after your 21st birthday).
- Adult sexual abuse (survivor was 18+ at the time): Nebraska does not have a special civil deadline for adult sexual assault. In practice, intentional torts like assault or battery can be treated under a 1-year limit in Nebraska case law, but other theories (like negligence or intentional infliction of emotional distress) can have up to 4 years. File as soon as possible to avoid disputes about which limit applies.
- Government defendants (schools, cities, state): Special rules apply. Before suing, you must present a claim and meet tight, two-year timelines under Nebraska’s tort-claims statutes.
- No “lookback window”: Nebraska has not enacted a broad retroactive window that revives previously expired claims.
- Punitive damages: Nebraska generally does not allow punitive damages in state-law civil cases, though survivors can still seek full compensatory damages (medical care, therapy, lost income, pain and suffering).
How Nebraska’s Filing Deadlines Work in Abuse Cases
Civil statutes of limitations are laws that set the latest date you can file a lawsuit. They’re designed to encourage timely claims, but they also interact with important survivor-protective rules.
Nebraska’s framework divides claims by (1) whether the abuse happened in childhood or adulthood, and (2) who you are suing.
Childhood Sexual Assault (Under Age 18)
Nebraska’s legislature created a survivor-focused rule for childhood sexual assault:
Actions Against the Individual Abuser: No Time Limit
If you were sexually assaulted as a child and your claim corresponds to Nebraska’s child-sexual-assault crimes (first-degree or second/third-degree sexual assault of a child), you may sue the individual perpetrator at any time. That “no time limitation” rule applies to assaults on or after August 24, 2017, and to earlier assaults that were not already time-barred on that date.
What this means in plain language:
- If your claim was still legally viable on August 24, 2017, you no longer have a deadline to sue the abuser personally.
- If your claim had already expired before that date, Nebraska did not reopen it; there is no lookback window that revives fully expired claims.
Practical tip: Even without a deadline, evidence is easier to gather sooner. Consider speaking with an experienced abuse lawyer promptly to preserve evidence like records, messages, and witness information.
Actions Against Institutions and Other Non-Perpetrators: Deadline by Age 33
If you’re suing any person or entity other than the individual perpetrator, for example, a school, church, youth program, employer, or property owner, Nebraska law sets a firm civil deadline. Your suit “may only be brought within 12 years after your 21st birthday.” In other words, by age 33.
A few nuances to keep in mind:
- The age-33 limit is hard and fast in the statute, so it isn’t tied to when you first realized the connection between your injuries and the abuse.
- This deadline applies regardless of the strength of the institutional case for negligent hiring/supervision, failure to report, cover-ups, etc.
- If the defendant is a government entity (e.g., public school), special tort-claims rules apply in addition to the age-33 cap. (See the “Government Defendants” section below.)
What Counts as “Sexual Assault of a Child” in Nebraska?
The “no time limit” provision is anchored to specific Nebraska criminal statutes for sexual assault of a child, specified as first degree and other degrees. Without getting into complicated criminal-law elements, these statutes cover sexual penetration or sexual contact with a minor under protected age thresholds.
If your case involves other offenses, such as certain exploitation or pornography offenses, a different civil limitation could apply. It’s best to speak with knowledgeable legal professionals to connect your facts to the correct statute.
Adult Sexual Abuse (Age 18 and Older)
Nebraska does not have a special civil statute tailored to adult sexual assault claims. Instead, the timeline depends on which civil theory is used and how courts classify the claim:
- Assault/Battery (intentional tort theory): Nebraska case law recognizes a one-year limitations period for assault/battery. In Kant v. Altayar, the Nebraska Supreme Court noted that a sexual-battery claim can be time-barred under a one-year statute even while a related intentional infliction of emotional distress claim might still be timely under a longer period. This is why lawyers often plead multiple theories to preserve rights.
- Other theories (negligence, negligent supervision, negligent security, intentional infliction of emotional distress): Many personal-injury claims in Nebraska carry a four-year statute of limitations. Survivors sometimes rely on these theories when the assault/battery clock is disputed or has run.
Bottom line: File as early as you can. Defendants often argue for the shortest applicable deadline (one year). Early legal action helps preserve all options.
Government Defendants (Schools, Cities, the State)
If your case involves a public school, city or county agency, or the State of Nebraska, Nebraska has tort-claims acts that require (1) a written claim to the government and (2) strict two-year filing periods. These rules do not replace the age-based limits above for childhood claims; they operate in addition to them and can be fatal if missed.
- Political Subdivisions Tort Claims Act (PSTCA) — applies to cities, counties, school districts, and other political subdivisions. You must present your claim to the subdivision and file suit within two years of accrual (with limited exceptions).
- State Tort Claims Act (STCA) — applies to the State of Nebraska and state agencies. You must present a written claim to the State Risk Manager within two years, and suit deadlines are tightly controlled, with a short extension after administrative disposition.
Because these procedural steps are technical and time-sensitive, survivors with potential public-entity claims should speak with counsel immediately to protect their rights.
How “Accrual,” Discovery, and Tolling Can Affect Your Deadline
Understanding when the clock starts (accrual) and what might pause it (tolling) helps avoid surprises:
- General personal-injury accrual: Nebraska commonly measures time from the date of the injury. Some claims (such as malpractice) have specified discovery rules, but for assault-related claims, you should assume the clock started on the incident date for intentional torts.
- Childhood sexual assault — special rules control: For suits against abusers, there is no time limit (subject to the 2017 effective-date qualifier). For suits against non-perpetrators, the age-33 deadline applies—not a moving “discovery” deadline.
- Absent defendant: Nebraska’s “absent debtor” statute historically tolled limitations if a defendant left the state and could not be served. However, if the person is still open to service, mere absence doesn’t stop the clock. Don’t rely on absence tolling without specific legal advice.
- Mediation/restorative processes: Entering an approved mediation can briefly toll civil statutes during the process (typically up to 60 days absent consent).
Some Examples to Explain the Rules
- “I was abused in middle school by a coach at a private club.”
You can sue the individual coach at any time (no time limit) if the offense falls under Nebraska’s child-sexual-assault statutes and your claim wasn’t already time-barred before Aug. 24, 2017. If you also sue the club for negligent hiring/supervision, you must file by age 33. - “I was assaulted by a coworker at age 22.”
A direct battery claim might face a one-year limit. You may also have negligence or negligent security claims (often four years). Acting early helps keep both pathways open. - “My public high school failed to protect me.”
If the defendant is a public school, Nebraska’s PSTCA applies. You must present a claim and file suit within two years; these procedural steps can cut off otherwise valid claims if missed. Coordinate these requirements with the age-33 childhood-assault deadline.
What Damages Can You Ask the Court to Award?
Nebraska allows survivors to seek compensatory damages, including:
- Therapy and medical expenses (past and future)
- Lost income and diminished earning capacity
- Pain, suffering, emotional distress, and loss of enjoyment of life
Nebraska generally does not allow punitive damages in state-law civil cases (with narrow exceptions under certain federal claims, like § 1983). Your recovery focuses on compensation for the harm you endured.
FAQs About Nebraska Abuse Claims
Does a criminal case extend my civil deadline?
Not automatically. Criminal prosecutions and civil lawsuits follow separate timelines. Nebraska’s no-limit rule for suing the individual abuser in childhood cases stands on its own, and the age-33 rule for non-perpetrators does not change because of a criminal case. For adult cases, don’t assume a criminal investigation pauses your civil clock—file promptly to protect your rights.
Can I file under initials or otherwise protect my privacy?
Nebraska courts can issue protective orders and, in some cases, allow pseudonyms or sealing to protect survivor privacy, but it’s a case-by-case determination and up to the judge. A skilled attorney can request appropriate protections early in the case.
What if the abuser moved out of Nebraska?
Nebraska’s tolling statute for absent defendants is limited. If the person can still be served (for example, through long-arm rules), the statute may keep running even if they live elsewhere. Don’t delay relying on absence tolling—talk to counsel about service options.
I’m not sure which deadline applies to my adult-assault case. How do lawyers decide?
Attorneys often plead multiple theories, for example, battery, negligence, negligent security, and intentional infliction of emotional distress (IIED), to preserve all avenues. Nebraska case law shows that a battery claim can be time-barred at one year while a related IIED claim still fits within four years—another reason to act quickly.
Can I sue a public school and the individual wrongdoer in the same Nebraska case?
Often, yes—but the procedures and deadlines differ. You may sue the individual perpetrator with no time limit (childhood cases) and the public school under the PSTCA (strict two-year/tort-claim requirements). Coordinating these timelines is crucial.
What Can Abuse Survivors Do Next?
- Write down your timeline: dates (even approximate), locations, names, and any witnesses or disclosures.
- Preserve evidence: texts, emails, journals, medical or therapy records, school or HR reports.
- Consider all potential defendants: the abuser and any person or entity that enabled the abuse (institution, employer, property owner, etc.).
- Consult with an experienced lawyer quickly: even where there’s no time limit (childhood claims against the abuser), sooner is better for evidence. For other defendants and for adult claims, strict clocks apply.
Contact the Trauma-Informed Attorneys at File Abuse Lawsuit for a Free, Confidential Case Review
You deserve answers and a legal plan that puts your safety and healing first. The File Abuse Lawsuit team helps survivors across Nebraska evaluate options and move forward with confidence. We offer:
- Free, confidential consultation with a trauma-informed attorney
- Filing deadline determination tailored to your facts (including government-entity rules)
- Evidence preservation plan so your case starts strong
- No upfront cost—we only get paid if we recover compensation for you
Call (209) 283-2205 now, or reach out online at any time that feels right for you. We’ll listen, explain your rights in clear language, and help you decide on the best next step.