Sexual Assault Attorneys in Kentucky: Your Complete Legal Guide
Kentucky law provides survivors of sexual assault with both criminal and civil avenues for justice. Criminal prosecutions are brought by the Commonwealth through the local prosecutor’s office, while civil lawsuits are filed by the survivor directly, seeking financial compensation and institutional accountability. These two paths are independent: a civil lawsuit may proceed regardless of whether criminal charges are filed, and even a not-guilty criminal verdict does not bar a civil claim.
Criminal Statutes of Limitations
Kentucky’s criminal statutes of limitations provide strong protections for survivors, with no time limit for the most serious offenses.
- Rape (1st, 2nd, 3rd degree) — KRS 510.040, 510.050, 510.060: NO statute of limitations. These are felonies, and Kentucky imposes no criminal time bar on felonies.
- Sodomy (1st, 2nd, 3rd degree) — KRS 510.070, 510.080, 510.090: NO statute of limitations.
- Incest — KRS 530.020: NO statute of limitations.
- Child sex abuse felonies: NO criminal statute of limitations. Kentucky eliminated the criminal SOL for child sexual abuse offenses in 1974.
- 4th degree sodomy (adult victim): 1 year from the offense. If the victim was under 18 at the time, the deadline extends to 5 years after the victim turns 18.
Civil Statutes of Limitations (KRS 413.249)
The civil deadline landscape in Kentucky is more complicated, and it has changed significantly through legislation and court decisions in recent years. Survivors are strongly advised to consult an attorney before assuming their claim is time-barred.
Adult Survivors (Abuse Occurring in Adulthood)
Adult survivors of sexual assault have 1 year from the date of the assault to file a civil lawsuit under KRS 413.140, Kentucky’s general personal injury statute. This is one of the shortest adult SOLs in the country and makes prompt consultation with an attorney critical.
Childhood Sexual Abuse Survivors
For survivors of abuse that began in childhood (before age 18), the deadline is substantially longer:
- Standard deadline: 10 years after the victim’s 18th birthday — effectively until age 28.
- Discovery rule: 10 years from the date the survivor discovered, or reasonably should have discovered, the connection between the childhood abuse and their resulting injuries — whichever is later.
- Conviction-based extension: 10 years from the date of criminal conviction of the perpetrator for the child sex abuse offense, regardless of when the abuse occurred or whether the civil SOL had previously expired.
The 2021 Revival Law
Kentucky enacted a unique revival provision that provides a second chance for survivors whose civil claims were already time-barred as of March 23, 2021. Under this law, a survivor whose SOL had already expired may file suit within 5 years of when their individual statute of limitations expired — not a fixed date, but an individualized rolling window tied to each survivor’s specific circumstances. The 2017 amendments to KRS 413.249 apply retroactively to actions accruing before June 29, 2017.
2024 Kentucky Supreme Court Decision
On February 15, 2024, the Kentucky Supreme Court issued a significant ruling affecting retroactive SOL extensions for civil sex abuse lawsuits. The Court held that certain retroactive extensions of the civil SOL are unconstitutional as applied. The ruling does not eliminate the Revival Law entirely but limits its scope in some circumstances. Survivors whose claims might be affected by this ruling should consult an attorney promptly to assess how the decision applies to their specific situation.
Special Filing Procedures
KRS 413.249 provides special procedural protections for childhood sexual abuse plaintiffs. Complaints may be filed under seal initially, and courts are authorized to implement measures to protect survivor privacy throughout the litigation process.
Child USA Civil SOL Assessment
Child USA, the national nonprofit tracking state-by-state childhood sexual abuse statutes of limitations, has graded Kentucky’s civil SOL as an F on a standard age-cap basis (age 28 cap) and a C for its Revival Law provision (revival window for some survivors regardless of current age).
What Damages Can Survivors Recover?
In a Kentucky civil lawsuit for sexual assault or abuse, survivors may seek compensation for:
- Past and future medical expenses, including physical and psychiatric treatment
- Past and future mental health counseling and therapy
- Lost wages and diminished earning capacity
- Pain and suffering, emotional distress, and trauma
- Loss of enjoyment of life
- Punitive damages against perpetrators who acted with malice or gross negligence
- In some cases, attorney’s fees and costs where provided by applicable law
Third-Party and Institutional Liability
Kentucky civil law allows survivors to pursue not only the direct perpetrator but also institutions and third parties whose negligence enabled the abuse. Schools, churches, youth organizations, employers, healthcare providers, and other institutions may be liable if their failure to supervise, investigate, hire appropriately, or protect allowed abuse to occur or continue. These institutional claims are often the most practically significant because they provide access to insurance coverage and assets sufficient to meaningfully compensate survivors.
Kentucky Sexual Assault Attorneys
Bruce Law Group
Address: 1041 Goss Ave, Suite 2, Louisville, KY 40217
Phone: Available through firm website
Website: https://www.kentuckyinjuryfirm.com
Bruce Law Group, led by Johnny Bruce, Esq., is a Louisville-based plaintiff firm specializing in sexual abuse and assault cases throughout Kentucky. Johnny Bruce earned his J.D. from the University of Louisville’s Louis D. Brandeis School of Law and his M.B.A. cum laude from the University of Kentucky. The firm is the designated Kentucky member of Abuse Guardians, a national alliance of attorneys committed exclusively to representing survivors of sexual abuse — a designation awarded through a competitive selection process evaluating track record, legal expertise, and dedication to survivor advocacy.
The firm is a member of the National Crime Victim Bar Association and handles a broad range of sexual abuse cases including child sexual abuse, clergy abuse, boarding school abuse, daycare abuse, doctor and therapist abuse, sex trafficking, and Title IX matters. Bruce Law Group represents clients across the Commonwealth, including Louisville, Lexington, Bowling Green, Owensboro, Elizabethtown, Covington, and all Kentucky counties. Free, confidential consultations are offered, and the firm works on a contingency fee basis — no fees unless compensation is recovered.
Minner Vines Injury Lawyers, PLLC
Address: Lexington, Kentucky (primary office)
Phone: (859) 550-2900
Website: https://www.mvmlaw.com
Minner Vines Injury Lawyers, PLLC is a Lexington-based plaintiff firm with offices throughout Kentucky and Tennessee. The firm represents survivors of sexual assault and sexual abuse in civil court, pursuing claims against both direct perpetrators and third parties — including businesses and institutions that failed to implement adequate security or supervision. The firm handles cases statewide including Lexington, Bowling Green, and surrounding regions.
Minner Vines approaches sexual assault cases with the understanding that no monetary award fully compensates for trauma, but that civil accountability serves the dual purpose of compensation and deterrence. The firm offers free, confidential consultations and handles cases on a contingency fee basis. Attorneys evaluate both the civil lawsuit options and the intersection with any concurrent criminal proceedings, providing guidance on how the two tracks interact.
Key Considerations for Kentucky Survivors
Act quickly on adult claims. The 1-year civil SOL for adult survivors is among the shortest in the nation. Time runs from the date of the assault, not from when the survivor was ready to come forward. An attorney can evaluate whether tolling exceptions apply, but prompt consultation is essential.
The Revival Law creates an individualized window. Unlike states that enacted a fixed lookback window opening on a specific date, Kentucky’s Revival Law ties the filing deadline to each survivor’s individual SOL expiration date. This requires a case-by-case analysis that only an attorney familiar with the 2021 law and the 2024 Supreme Court decision can perform accurately.
Institutional defendants matter. In many Kentucky cases — particularly those involving schools, churches, youth sports organizations, or healthcare providers — the institutional defendant has insurance coverage and assets that make a meaningful recovery possible even when the individual perpetrator does not. Identifying institutional negligence is often the most important task in evaluating a Kentucky sexual abuse case.
Criminal conviction opens a new window. If the perpetrator is convicted of the child sex abuse offense at any point, Kentucky law provides a fresh 10-year window from the conviction date for civil claims, even if the standard SOL had previously expired.
The 2024 Supreme Court ruling requires individualized analysis. The February 2024 decision does not eliminate all revival claims, but it limits certain retroactive applications. Survivors who were relying on the Revival Law to file claims related to older abuse should consult an attorney to assess the current viability of their claim.
This guide is for informational purposes only and does not constitute legal advice. Statutes of limitations are complex, fact-specific, and subject to change through legislation and court decisions. Survivors should consult a licensed Kentucky attorney to evaluate the specific deadlines and legal options applicable to their situation.