Statute of limitations for sexual assault in Michigan: can I still file?
Last checked: 15 October 2026
In Michigan today, a person who was sexually abused as a minor can bring a civil claim before they turn 28, or within 3 years of discovering the injury and its link to the abuse, whichever is later. Criminal charges for first degree criminal sexual conduct can be filed at any time. These deadlines would change if the Justice for Survivors bills become law.
This page sets out what the law says. Whether a deadline has passed for a particular person depends on the facts, and only a lawyer can advise on that.
Civil claims: the deadlines in Michigan law today
A civil claim is a lawsuit for money damages against the person who caused the harm, or against an organisation. It is separate from any criminal case.
| Law | What it says |
|---|---|
| MCL 600.5851b | A person who was a victim of criminal sexual conduct while a minor can bring a claim before whichever is later: turning 28, or 3 years after they discover, or should have discovered, both the injury and its link to the abuse. A criminal case or conviction is not needed. |
| MCL 600.5805(6) | The period for a claim for damages caused by criminal sexual conduct is 10 years. A criminal case or conviction is not needed. |
| MCL 600.5851(1) | A person who was under 18 when a claim arose has 1 year after turning 18 to bring it, even if the usual period has run. Some medical malpractice claims have separate rules. |
These sections can overlap. How they apply to one claim is a question for a lawyer.
Claims against the state, public schools and universities
Claims against government bodies have extra rules.
- Government agencies are immune from tort claims when carrying out a government function, except where the law says otherwise (MCL 691.1407).
- A claim against the State of Michigan needs a written claim or notice of intention filed with the Court of Claims within 1 year after the claim arises, or within 6 months for personal injury (MCL 600.6431).
- A claim against the state must be filed within 3 years after it first arises (MCL 600.6452).
The Justice for Survivors bills SB 259 to 261 and HB 6048, 6050 and 6051 would change these rules for criminal sexual conduct claims.
Criminal charges: the deadlines today
These are the deadlines for prosecutors to file charges, set byMCL 767.24 as changed by Public Act 268 of 2024. The 2024 changes apply to offences committed on or after 2 April 2025.
| Offence | Deadline to file charges |
|---|---|
| First degree criminal sexual conduct | Any time |
| Second and third degree criminal sexual conduct | 15 years after the offence, or the alleged victim's 42nd birthday, whichever is later |
| Fourth degree criminal sexual conduct, and assault with intent to commit criminal sexual conduct | 10 years after the offence, or the alleged victim's 21st birthday, whichever is later |
| Any of these, where DNA from an unidentified person is found | Any time until the person is identified, then the periods above count from identification |
Offences committed before 2 April 2025 are covered by earlier versions of the law. Under the 2018 version, charges for second or third degree criminal sexual conduct against a victim under 18 could be filed within 15 years, or by the alleged victim's 28th birthday, whichever was later. Police or a prosecutor can say whether an older offence can still be charged.
The four degrees of criminal sexual conduct
What the Justice for Survivors bills would change
SB 257 and HB 6047 would move the civil deadline for people abused as minors to the latest of 10 years after the claim accrues, age 42, or 7 years after discovery. They would remove the deadline when the abuser is convicted, and open a 1-year window for claims that are already too old. As of15 October 2026, none of the bills has had a House vote.
How the bills would change the law.Where each bill stands.
Sources
- MCL 600.5851b: legislature.mi.gov
- MCL 600.5805: legislature.mi.gov
- MCL 600.5851: legislature.mi.gov
- MCL 691.1407: legislature.mi.gov
- MCL 600.6431: legislature.mi.gov
- MCL 600.6452: legislature.mi.gov
- MCL 767.24: legislature.mi.gov
- Public Act 268 of 2024: legislature.mi.gov
- Public Act 182 of 2018: legislature.mi.gov
- SB 257 as passed by the Senate: legislature.mi.gov