November 28, 2025
Charleston, S.C. – A growing number of survivors in South Carolina are seeking clarity on how long they have to bring sexual assault claims, following new attention on filing deadlines that vary widely depending on age, circumstances, and the type of case. Charleston personal injury attorney Joseph Kaiser says many victims still do not realize how these limits work or when the clock legally begins.
Recent legal discussions and nationwide policy shifts have placed a spotlight on survivors’ rights, prompting attorneys in South Carolina to outline what the state’s statute of limitations actually allows. Kaiser notes that the rules can appear simple at first but become complex once factors like delayed reporting, trauma, or child victims are involved.
“Survivors often believe they ran out of time years ago, only to discover the law gives them more options than they realized,” Kaiser said. “Understanding these deadlines is the difference between having a valid case and losing the ability to file at all.”
South Carolina uses different timeframes for criminal prosecution and civil lawsuits. Criminal cases follow a structured set of deadlines depending on the charge, while civil cases follow a broader personal injury timeline. The two systems do not operate the same way, and Kaiser says this is one of the biggest points of confusion among survivors.
Criminal charges for sexual assault can often be pursued for many years, especially in cases involving minors or serious felony conduct. Civil claims, which allow survivors to pursue financial compensation, typically fall under a three-year limit in South Carolina. That period may begin at the time of the assault or at the point when the survivor reasonably discovers the harm.
South Carolina law provides extended protection for survivors who were children at the time of the assault. In these cases, the deadline to file a civil claim does not begin until the survivor reaches adulthood. Some situations also qualify for delayed discovery, allowing additional time when a survivor could not fully recognize the harm due to trauma or psychological impact.
“Delayed reporting is common in sexual assault cases,” Kaiser said. “South Carolina’s laws recognize this reality, and the deadlines reflect that. Survivors should never assume they are out of options without speaking to an attorney first.”
Kaiser notes that many survivors come forward after hearing news about national reforms or high-profile cases, only to find conflicting information online. South Carolina has not eliminated the statute of limitations for civil sexual assault claims, but the interpretation of when the clock starts continues to evolve in the courts.
Because of this, Kaiser encourages survivors to seek legal guidance before assuming a deadline has expired. “A simple misunderstanding of the timeline can keep someone from getting justice. These cases are highly fact specific, and survivors deserve accurate information.”
Kaiser recommends that survivors who are questioning their legal rights take the following steps:
• Speak with an attorney before discussing the incident publicly
• Gather any available documentation or messages related to the assault
• Avoid posting details online
• Ask for a legal review of both civil and criminal options
• Seek support from medical or counseling professionals as needed
“Deadlines matter, but they are not as rigid as people think. The law is designed to protect survivors, not trap them,” Kaiser said.
Kaiser Law represents survivors of sexual assault, violent crime, and other serious injuries throughout South Carolina. The firm provides confidential consultations and helps survivors understand their legal options under the state’s statute of limitations and related protections.
Contact us today if you or someone you know has been affected by sexual assault. We provide legal representation for sexual assault survivors.
