Curious how far we’ve come on the topic of sexual abuse laws?
Sexual abuse laws are nothing like they used to be. We’ve come a long way over the past 50 years in the ways that the legal system approaches sexual abuse.
In fact, the sexual abuse laws that protected survivors in the 1980s barely existed in the 1950s and 1960s.
Want to learn more?
Check out our deep dive into the evolution of sexual abuse laws. In this post, we’ll cover how sexual abuse laws have changed through the decades.
From the 1970s all the way to present day, we’ll review what’s changed and where things stand right now.
Let’s get started.
Before we get into the evolution of sexual abuse laws, let’s go over what you’ll learn in this article.
- When did Sexual Abuse Laws First Emerge?
- The 1970s Reform Movement That Changed Everything
- How Modern Statute of Limitations Work
- Recent Legal Changes Making Headlines
When Sexual Abuse Laws First Emerged
Sexual abuse laws as we know them barely existed before 1963.
California was the only state in the country to even have laws criminalizing child abuse at all.
The few laws that did exist were typically aimed at physical abuse in family situations. Sexual abuse outside of family homes was basically invisible in law and policy.
Schools and institutions were under no legal obligation to report sexual abuse to authorities. Educators were not trained in recognizing or reporting abuse. There were few or no legal remedies for survivors to pursue against perpetrators.
The complete lack of laws made it so that abuse could occur for decades with impunity.
The 1970s Reform Movement That Changed Everything
One thing that really changed things up: The 1970s reform movement.
The women’s rights movement of the 1970s brought the issues of sexual violence and rape into public dialogue.
Survivors of sexual violence began to speak out about their experiences and the legal system for the first time…
Lawmakers and state legislatures listened.
Forty-nine out of fifty states made sweeping reforms to their rape and sexual abuse laws between 1970 and 1979. Thirty states reformed their laws in 1975 alone.
Specific legal changes included:
- Broadening legal definitions of rape to include a range of sexual assault crimes, not just penile-vaginal penetration
- Eliminating spousal exemption clauses
- Eliminating the requirement that survivors physically resist during sexual assault
- Eliminating corroboration requirements that needed a third party witness to support a survivor’s account
- Implementing “rape shield” laws that prevented defense from introducing a survivor’s sexual history as evidence
These changes were monumental and made the legal system more responsive to survivors than ever before.
A major development that directly impacted many survivors: The 1975 federal rape shield laws.
Federal law at the time required defense attorneys to obtain a survivor’s name and allow them to be cross-examined. The new rape shield laws removed this requirement and gave survivors the privacy they needed to feel safe coming forward.
Thousands of survivors of sexual abuse reported their assaults for the first time thanks to this law.
How Modern Statute of Limitations Work
Now let’s jump into the present day and see how the law has continued to evolve.
One of the biggest developments has been around statute of limitations laws. A statute of limitations is a deadline that determines how long you have to file a civil lawsuit or press criminal charges.
You might be wondering, “why does a statute of limitations matter when it comes to sexual abuse?”
Simple: survivors of abuse typically need decades to process their trauma before they are able to disclose it. In many states, the law previously required that sexual abuse be reported within a few years of it occurring.
Trauma from sexual abuse very often causes delayed disclosure.
Enter California sexual abuse settlements and other state laws that changed all that. A growing number of states have realized this and either extended or completely eliminated statute of limitations deadlines. This has allowed survivors to file sexual abuse law and settlements claims even many years after the abuse happened.
Currently 30 states have passed laws extending or eliminating statutes of limitations for childhood sexual abuse cases. This gives survivors the time they need to come forward and report abuse.
Approaches vary by state:
- Some states have abolished criminal statutes of limitations for certain sex crimes entirely
- Some states have extended civil statutes of limitations to age 40, 45, or more
- Many states have passed “lookback windows” opening up the ability for survivors to file claims that would have expired otherwise
California eliminated the statute of limitations for childhood sexual abuse cases as of January 1, 2024. That’s right. No deadline.
Recent Legal Changes Making Headlines
Laws have continued to develop and change at a rapid pace in recent years.
One of the most notable shifts: Sexual abuse offenses have gone up by 62.5% since FY 2020. This is not because sexual abuse itself is increasing, but because survivors now have legal options and are reporting cases.
The backstory?
Iowa eliminated the statute of limitations to bring criminal charges for sexual abuse against minors in 2021. The following year, Louisiana eliminated statutes of limitations to file civil claims for child sexual abuse.
At least 14 states have eliminated criminal statutes of limitation for certain sex crimes altogether. States such as Vermont, Arkansas, Maine, Maryland, and Nevada retroactively eliminated civil statutes of limitation for childhood sexual abuse or opened revival windows for survivors whose claims had expired.
Survivors now have legal pathways to justice for the first time.
The trend we’re seeing: States are trending toward longer or no deadlines for sexual abuse cases.
What These Changes Mean For Survivors
Legal reforms mean real change.
Survivors have more avenues to seek justice through criminal prosecutions and civil lawsuits than before. Institutions are finally being held accountable for the abuse that occurred.
The one problem?
Sexual abuse law is still complex and varies widely by state.
Depending on where you live, it’s important to understand:
- When the clock starts on a statute of limitations
- What qualifies as abuse to count towards extended deadlines
- Who can be named in a lawsuit (perpetrators, institutions, both)
- What evidence is needed to file a claim or lawsuit
Rules are still evolving, as we’ll continue to see new reforms introduced. If you are a survivor, it’s a good idea to check in on the current laws where you live.
Wrapping It All Together
Sexual abuse laws have come a long way since the 1960s when there were basically no protections at all.
The legal system’s treatment of sexual violence was forever changed by the 1970s reform movement. Since then, reform has focused on statute of limitations laws that reflect how trauma impacts survivors.
The timeline of change:
- No laws to comprehensive laws criminalizing abuse
- Eliminating old rules that retraumatized survivors
- Extending or eliminating statute of limitations deadlines
- Opening new windows for survivors whose time expired
And the evolution doesn’t stop. States continue to pass new reforms to open up new avenues for survivors and end the concept of “running out the clock” on seeking justice.
The laws keep evolving as our society gets better at understanding trauma, delayed disclosure, and how survivors heal and move forward to hold people accountable for their actions.
