New Case Clarifies Statute of Limitations in Florida Child Sexual Abuse Cases

New Case Clarifies Statute of Limitations in Florida Child Sexual Abuse Cases

Some of the most frequent questions we receive as Florida Child Sexual Abuse attorneys deal with the Statute of Limitations.  Many adults who were sexually abused as children question whether they can pursue a claim for damages, and seek compensation for their physical, emotional, and mental pain and suffering.

In 2010, the Florida Legislature passed Section 95.11(9), Florida Statutes. This subsection essentially did away with the Statute of Limitations defense for any claims arising out of sexual abuse in Florida for acts of abuse occurring after July 1, 2010.  For the past several years, there were questions about what would happen in claims that were legally valid  before July 1, 2010, but where suit had not been filed for one reason or another.

Recently the Florida Fourth District Court of Appeals issued an opinion adddressing this subject.  See my commentary here:

Or course, this still leaves open questions regarding whether a claim was “valid” on July 1, 2010.  The solution to these questions is not so easy.  The validity of each claim will be extremely dependent upon the facts and circumstances of each case — and particularly the age of the victim at the time of the abuse, as well as the time frame within which the abuse occurred.

We are happy to confidentially review the facts of circumstances of your potential case. If you have a question regarding any issues arising out of a Florida child sexual abuse case, please call our office at 407-254-4901.