Statute of Limitations for Therapist Sexual Abuse Cases in Michigan

Being sexually abused by a therapist is a profound betrayal of trust and exploitation of their position of power over their patients. If you or someone you know has been a victim, understanding the statute of limitations for therapist sexual abuse cases in Michigan can be crucial. This legal deadline determines the timeframe in which you can file a civil lawsuit against a therapist, and missing it could block you from any chance of a future settlement.

At White Law PLLC, we are dedicated to providing compassionate and empowering advocacy for our clients while aggressively pursuing justice against the liable party. Contact our office to speak with a Michigan therapist sexual abuse lawyer to learn more.

Unique Factors of Therapist Sexual Abuse Cases

The Michigan statute of limitations attempts to provide additional time for these kinds of cases due to unique factors. When an individual seeks professional help to address their emotional and psychological well-being, they expect a certain level of support and guidance.

Additionally, the deeply personal and confidential nature of the therapist-client relationship creates a significant power imbalance. When sexual abuse or assault occurs, it is a devastating betrayal.

There is a immense violation of trust and professional ethics. Therapists are held to strict ethical standards that prohibit sexual interactions with clients, recognizing the inherent vulnerability of those seeking mental health care.

In the event of forced sexual contact, this constitutes a blatant breach of ethical guidelines and a criminal act that can lead to both legal consequences for the therapist and lasting trauma for the survivor.

Survivors often face additional hurdles, such as emotional trauma, feelings of self-blame, or fear of not being believed. These challenges can further impact a survivor’s willingness or ability to file a lawsuit within the statutory deadlines.

Michigan Statute of Limitations for Therapist Sexual Abuse Cases

For sexual abuse, including sexual assault and rape, recent modifications in the Michigan Legislature have increased the statute of limitations to offer greater protection for survivors. Under Michigan Senate Bill 872, the statute of limitations for sexual assault cases is up to ten years to file a claim.

Part of this expanded timeframe to file hinged on the Larry Nassar case, which we helped bring against the disgraced doctor when we represented the survivors.

The finalized Larry Nassar Settlement disbursed $380 million to victims who benefitted from this expanded filing time. If you are unsure about your legal options or want to explore the possibility of filing a therapist sexual abuse lawsuit in Michigan, contact a lawyer from White Law PLLC for support.

The statute of limitations can also be affected by the level of criminal conduct the sexual act falls under in the Michigan Penal Code §750.520b. Under this law, there is no time limit on bringing a criminal charge against someone who engaged in first-degree criminal sexual conduct.

Criminal sexual conduct of the first degree includes but is not limited to sexual penetration with someone under the age of 13, rape, and sexual penetration from a person in a position of authority, which may include therapists.

Extended Statute of Limitation for Minors

Under Senate Bill 871 of 2024, victims of childhood sexual abuse are given up to 15 years or until their 28th birthday to file a criminal lawsuit for second and third-degree criminal sexual conduct.

Civil lawsuits filing dates under Senate Bill 872 of 2024 extended the statute to 28 years of age for individuals who were minors at the time of the assault. This also provides an additional three years at any age after the discovery of an assault-related injury.

Exceptions to the Statute of Limitations for Therapist Sexual Abuse Cases in Michigan

The statute of limitations for filing a civil lawsuit is not always a prohibiting factor. Be sure to discuss your case with an experienced lawyer to see if any exceptions may allow you to file past the typical deadline. Some potential exceptions to the statute of limitations include:

• The Discovery Rule: If a victim was unaware of the abuse or it’s connection to phsyical injuries until a later date, this may fall under the discovery rule. The statute of limitations could possibly extend to begin the timer on the date of discovery, rather than the inciting incident.
• Tolling: If a victim is a minor, mentally incapacitated, or if the abuser actively concealed the abuse, the statute of limitations might be “tolled” or paused.
• Fraudulent Concealment: If the therapist worked to intentionally hide the abuse or misled the victim, the statute of limitations might be extended. An example of this could include if the therapist was engaging in mental or psychological manipulation of the patient.

It is crucial to note that specific laws and exceptions may vary and change, as the sexual abuse statute of limitations has. Consulting with an experienced attorney is essential to determine if any exceptions could apply to your situation. Do not delay in getting started working on your case.

Get Help from a Michigan Therapist Sexual Abuse Lawyer

If you want to learn more about how White Law PLLC can help you, set up a free case consultation to meet our team. We are experienced, caring legal professionals who are dedicated to exceeding our client expectations. Let us help you get the justice you rightfully deserve.