North Dakota Statutes of Limitations (Filing Deadlines) for Sexual Abuse Lawsuits

If you’re considering filing a civil lawsuit after sexual abuse in North Dakota, the first thing you need to know is… timing matters. North Dakota has specific statutes of limitations, or filing deadlines, that control abuse lawsuits. If you miss a key deadline, you may lose your right to receive compensation from the parties who are responsible for the harm you suffered.

We created this guide to explain the current filing deadlines for childhood and adult sexual abuse claims, how the discovery and tolling rules work, and what changes when a government entity is involved. We’ve written this in plain language and with a survivor-first lens, to help you understand your options and choose the next step that feels right.

Childhood sexual abuse (under 18): North Dakota gives survivors 21 years after the claim “accrues” to file. If the survivor was under 15 when the abuse occurred, the 21-year period does not start until age 15. The law also recognizes patterns of abuse and does not require you to pinpoint which specific act caused your injury.
Adult sexual abuse (18+): Most civil claims based on a sexual act or sexual contact must be filed within 9 years of the act. This is a special rule that supersedes shorter general limits for regular assault and battery.
Claims against the State or state employees: The general rule is 3 years from accrual with a built-in discovery provision. For claims based on sexual acts, the statute sets 9 years (adult) or 21 years (if the act occurred when the survivor was under 18), and if the child was under 15, the 21-year clock starts at age 15.
Fraud or concealment: If a defendant fraudulently conceals a claim, North Dakota has a separate rule that can affect when the clock starts. These cases are very fact-specific, so talk with an experienced lawyer right away.

Understanding “Who” You Can Sue

Depending on the circumstances of your unique situation, you may have the right to file a lawsuit against several different parties to hold them liable for the harm you suffered. Some of the most common defendants named in sexual abuse cases include:

Individuals (abusers or perpetrators): Available in both childhood and adult cases.
Institutions (private): Schools, churches, youth organizations, and employers are typically possible defendants in both childhood and adult cases where facts support negligence or concealment. Childhood claims follow the 21-year structure, while adult claims tied to sexual acts fall under the 9-year rule.
State/public entities: Naming a government entity is possible, but challenging under the actions-against-the-state statute, including discovery language and special 9/21-year sexual-act provisions; additional procedural requirements or defenses may apply.

How North Dakota’s Filing Deadlines Work in Abuse Cases

Two Different Timelines Apply: Childhood vs. Adult Abuse

North Dakota’s civil filing deadlines are different depending on the survivor’s age when the abuse occurred:

Childhood sexual abuse: If the abuse happened before you turned 18, the North Dakota childhood-abuse statute applies. We explain the details below.
Adult sexual abuse: If the abuse happened at age 18 or older, the 9-year sexual-assault filing period applies, measured from the date of the act.

These special rules are located in Chapter 28-01 of the North Dakota Century Code, which governs civil time limits.

Childhood Sexual Abuse (Under 18)

The 21-Year Window and the Under-15 Tolling Rule

North Dakota’s childhood-abuse statute says a claim “resulting from childhood sexual abuse” must be filed within 21 years after the claim accrues. If the survivor was under 15 when the abuse occurred, that 21-year period does not begin until the survivor reaches age 15.

In other words, if abuse occurred at age 13, the clock doesn’t start until age 15, then runs for 21 years, to age 36, absent other accrual considerations.

What Does “Accrual” Mean Under N. Dakota Law?

“Accrual” generally refers to when a legal claim comes into existence. It is often tied to an injury and, in some contexts, the discovery of the injury’s connection to the harm suffered.

North Dakota’s childhood-abuse statute uses “accrued” language rather than a fixed date deadline. How accrual applies to your facts can be nuanced and is best analyzed with a dedicated abuse attorney. The under-15 tolling and the separate 9-year adult rule (discussed later) help frame the outer boundaries.

With Patterns of Abuse, You Don’t Have to Identify One Act That Caused Harm

The law recognizes that childhood sexual abuse frequently occurs as a series of incidents. A survivor is not required to establish which specific act in a continuing course of abuse caused the injury. That helps when memories are fragmented or the abuse involved grooming over months or years.

Can You Sue Institutions For Childhood Abuse?

Yes, North Dakota’s childhood-abuse statute is not limited to the individual perpetrator. Survivors may pursue claims against responsible institutions, such as schools, churches, youth organizations, and employers, for negligent hiring or retention, negligent supervision, failure to report abuse, or concealment, as supported by the facts. The 21-year timing framework still governs the claim.

Adult Sexual Abuse (When the Survivor Was 18+ at the Time)

The Special 9-Year Filing Period

For civil claims “resulting from sexual assault, sexual abuse, gross sexual imposition, or any other claim based on a sexual act or sexual contact,” North Dakota provides a 9-year filing period measured from the date of the act. This rule appears in a dedicated section and overrides the shorter two-year limit that otherwise applies to assault/battery and some personal-injury claims.

What this means for you: If you were assaulted at age 25, you generally have 9 years from that date to file, even though ordinary assault claims are listed under the two-year category. The statute expressly carves out sexual-assault claims from the two-year list.

Are There Discovery or Tolling Rules for Adults?

The 9-year statute is measured from the act itself. Some equitable doctrines (such as fraudulent concealment) can affect accrual in limited, fact-intensive circumstances, but you should not assume you have extra time without legal advice. When in doubt, treat 9 years from the incident as the outer limit and speak with counsel promptly.

Claims Against the State or State Employees Have Different Rules

North Dakota has a separate statute for actions against the State (or state employees acting within the scope of their employment). The general filing deadline is three years from accrual, and the statute specifically states that accrual occurs on discovery or when it should have been discovered with reasonable diligence.

However, for claims based on sexual acts, the statute sets special timing:

9 years after the act (adult).
21 years after the act if it occurred when the survivor was under 18.
If the survivor was under 15 at the time, the 21-year period does not begin until the survivor turns 15.

Bottom line: If a public school, state residential facility, or another state entity is involved, you must analyze both the abuse-specific periods and the state-claims timing and discovery rules to avoid technical pitfalls.

Fraudulent Concealment (When Defendants Hide Evidence)

If a defendant fraudulently conceals facts that prevent a survivor from learning of the claim, North Dakota law contains a provision addressing fraudulently concealed claims. Successfully invoking that rule requires proof, and courts look closely at the facts, timing, and diligence of the people involved. Consider it a safety valve, not a substitute for acting within the standard windows.

Real-Life Examples of How These Rules Work

Since the laws can be confusing, here are a few possible scenarios to help explain what deadlines may apply to your case. This is not legal advice. To fully understand your filing deadlines, share your story with a knowledgeable abuse lawyer soon.

Abuse by a teacher from ages 13–14; survivor is now 34

The childhood sexual abuse deadlines apply. Because the abuse occurred before the survivor turned 18 and specifically, the survivor was under 15, the 21-year period starts at age 15 and runs to age 36 (21 years from 15). Defendants may include the individual and, when the facts support it, the school/district for hiring, supervision, and/or reporting failures.

Assault at age 22 by a coworker; survivor is now 28

The 9-year sexual-assault statute governs adult claims. Filing up to age 31 is generally allowed, absent other defenses. Consider claims against the perpetrator and, where facts support, the employer for negligent hiring/retention/supervision.

Abuse at a state-run youth facility at age 16; survivor is now 30

Two layers apply: the childhood rules and the rules involved when you file legal actions against the state. Because the survivor was under 18, the 21-year figure is in play, but the under-15 tolling rule won’t apply here (the survivor was 16). The state claims statute (3-year general filing deadline with discovery language) and the special 9/21-year provisions for sexual abuse claims against the state must be coordinated to protect the claim.

Adult assault in a hotel with known safety issues; the survivor learns two years later that the hotel had prior incidents

The 9-year adult rule sets the outer limit. “Late discovery” of the hotel’s knowledge may support separate negligence theories, for example, negligent security and requests for records, but don’t rely on discovery arguments to extend the 9-year clock unless a lawyer advises it fits a tolling doctrine such as fraudulent concealment.

Evidence and Practical Steps You Can Take Now

Write down your timeline. Even approximate dates help evaluate which deadline applies.
Preserve everything. Save texts, emails, DMs, photos, calendar entries, badge/keycard logs, medical/therapy notes, and witnesses' names.
Consider all possible defendants. List the abuser and any organizations or public entities involved.
Act promptly. North Dakota’s 9-year and 21-year rules sound generous, but evidence can vanish, and state-entity rules add procedural layers. Early action strengthens your case.

FAQs: Frequently Asked Questions About North Dakota Abuse Claims

Do I need a criminal conviction against my abuser to file a civil case?

No. Civil lawsuits are independent of criminal cases and use a lower burden of proof. You can pursue compensation whether or not there is a criminal charge or conviction.

Can I file an abuse case anonymously?

North Dakota courts may permit protective measures (such as using initials) in sensitive cases. Your attorney can request confidentiality protections tailored to your circumstances.

What if the abuser is dead or has no assets?

You may still have claims against institutions that enabled the abuse. For childhood cases, the 21-year timeline applies to institutional claims; for adult cases, the 9-year rule governs claims tied to sexual acts, with negligence theories evaluated within that same window.

What if part of the abuse happened outside North Dakota?

Your lawyer will analyze jurisdiction and choice-of-law rules to determine the filing deadlines that apply to your case. Different states may have different limitations. Strategy may involve filing where the law is most favorable or where the court can hear the whole dispute.

To Take the Next Step, Contact the Team at File Abuse Lawsuit

You deserve to be heard and to know how much time is on your side. Whether your experience was in childhood or adulthood, whether a private institution or a public entity was involved, the File Abuse Lawsuit team is ready to listen, explain the timelines that apply to your facts, and move quickly to protect your rights.

Call us today for a free, confidential consultation where we will:

Clarify your deadline under North Dakota’s 21-year childhood-abuse rule, the 9-year adult rule, and any state-entity provisions.
Identify all responsible parties (individuals, institutions, public entities) and preserve evidence before it’s lost.
Plan a trauma-informed path that keeps you in control, moving at your pace, while we do the legal heavy lifting.

If you’re ready to explore your options—or you just want answers—call (209) 283-2205 or fill out our online contact form now.