Statute of Limitations on Sexual Abuse Lawsuits in New Mexico

On Behalf of Egolf + Ferlic + Martinez + Cox, LLC

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Jul 27, 2025

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Sexual Abuse

The civil courts in New Mexico provide a pathway for pursuing justice and compensation for victims of sexual abuse, but the opportunity to act is not open-ended. To promote efficiency and balance the rights of the accuser and the accused, the state sets legal deadlines for filing claims. The statute of limitations on sexual abuse lawsuits in New Mexico offers a window of time for both adults and minors to hold their abuser accountable for the harm they caused.

New Mexico’s Current Statute of Limitations on Sexual Abuse

In New Mexico, adult survivors generally have three years from the date of the incident to file a claim under the state’s personal injury statute.

Survivors of childhood sexual abuse have more time. They must file by their 24th birthday or within three years of disclosing the abuse to a licensed medical or mental health provider. The extended timeline for adults who were abused as children takes into account the time it sometimes takes to fully understand the harm that was done.

These deadlines can have a significant impact on the outcome of your claim. If you wait too long to file a claim, your case will be dismissed if you do not file in time. The courts take filing deadlines seriously, and there may not be an exception to the statute of limitations that applies to your case if you miss the general deadline.

Understanding the Societal Cost of Sexual Abuse in New Mexico

New Mexico experiences higher rates of sexual assault than much of the United States. In New Mexico, one in four girls and one in six boys experience sexual violence before turning 18. High-profile incidents, such as the $8 million settlement following the New Mexico State University basketball abuse scandal, show how institutions can fail to protect individuals from sexual violence.

Recently, eight lawsuits were filed against clergy in various churches in the state, also highlighting the widespread reach of abuse in trusted institutions.

Reasons to Hire a Trusted Lawyer

Under the current deadlines for taking sexual abuse cases to court, survivors of sexual abuse still risk losing the ability to rely on the civil courts to administer justice. New Mexico sexual abuse laws remain stringent and complex, which is why it is wise to hire a sexual abuse lawyer to help you navigate your sexual abuse claim.

An attorney can review your case to assess whether you are still eligible to file a sexual abuse claim in court. If the deadline is pending, your lawyer can act quickly to ensure that you do not miss this important deadline. Until state leaders extend or remove the legal deadline for filing sexual abuse claims, the burden is on survivors of abuse to take the necessary steps to protect their claim by meeting the state’s statute of limitations for sex abuse cases.

FAQs

Do Sexual Assault Cases Have a Statute of Limitations in New Mexico?

Yes, sexual assault cases have a statute of limitations in New Mexico. While criminal cases may be subject to specific deadlines that prosecutors have to meet, civil claims involving sexual abuse follow similar rules. In many childhood abuse cases, survivors have until age 24 or within three years of disclosing the abuse to a licensed medical provider. Adult cases may have shorter limits. Speaking with an attorney can be a valuable and informative first step.

Can You Still File a Sexual Abuse Claim if the Abuse Happened Years Ago?

You may be able to file a sexual abuse claim even if the abuse happened years ago. New Mexico law recognizes that trauma may not be immediately understood. Civil claims for childhood sexual abuse may be brought years later, depending on when the harm was discovered. Don’t give up on a potential source for securing justice without learning more. Consulting with an attorney can help determine whether your claim is still within the allowable time frame under the law.

What Are Some Signs of Sexual Abuse?

If you suspect someone you care about has been abused, there are some common signs to look for. Withdrawal from activities and emotional changes, such as anxiety and depression, can occur. Unexplained injuries can be a sign, especially if under the care of someone else, such as in a medical or nursing home facility. Changes in hygiene, appetite, weight, or signs of self-harm can also be indicators of abuse.

Schedule a Sexual Abuse Consultation Today

Egolf + Ferlic + Martinez, LLC brings decades of courtroom experience to complex, time-sensitive civil claims involving sensitive topics like sexual abuse. Several of our attorneys are recognized on Super Lawyers and Rising Stars lists. We approach each case with compassion, precision, and a deep commitment to survivors’ rights. Contact our office today to discuss your legal recovery options in a confidential consultation.