Sexual Assault Attorneys in New Mexico: Your Complete Legal Guide
New Mexico has one of the most restrictive civil statutes of limitations for sexual assault in the United States. As of early 2026, the state has not enacted the type of sweeping SOL reform that has transformed survivor access in many other states. The civil deadline for childhood sexual abuse survivors is age 24 – or three years from first disclosure to a licensed medical or mental health provider, whichever is later – under N.M. Stat. § 37-1-30. Adult survivors face a general three-year personal injury deadline. ChildUSA grades New Mexico’s civil SOL framework with an F, reflecting that the age-24 cap falls far short of allowing most survivors to access the courts. However, significant reform efforts are active: In February 2026, the New Mexico Senate passed SB41 (40-1), which would eliminate the criminal statute of limitations for second-degree sexual contact with minors, and the New Mexico House passed a civil SOL extension bill in 2025 that did not become law. The Archdiocese of Santa Fe has already faced catastrophic institutional liability, settling clergy abuse claims for $121.5 million through a bankruptcy reorganization. Survivors with claims nearing the deadline should consult an attorney immediately.
Understanding New Mexico Sexual Assault Laws
Criminal Statutes of Limitations
First-degree felonies (criminal sexual penetration of a minor, most serious offenses): No criminal SOL. Prosecution may be brought at any time.
Second-degree felonies (including second-degree criminal sexual contact with minors): Currently a six-year criminal SOL. SB41, which passed the New Mexico Senate 40-1 in February 2026 and advanced to the House, would eliminate this SOL for second-degree criminal sexual contact with minors. Status as of February 2026: pending in the House.
Third and fourth-degree felonies: Five-year and three-year criminal SOLs respectively.
Minors: For crimes against minors, the criminal SOL does not begin to run until the victim turns 18 or the violation is reported to law enforcement, whichever occurs first.
DNA evidence: If DNA evidence is collected but no suspect is identified, the SOL for criminal sexual penetration does not begin to run until a DNA match is found.
Adult victims of second-degree sexual assault: Six-year criminal SOL.
Civil Statutes of Limitations
Child survivors – N.M. Stat. § 37-1-30:
Civil claims for childhood sexual abuse (defined as conduct that would constitute criminal sexual penetration of a minor, criminal sexual contact of a minor, or child sexual exploitation) must be filed by the later of: (1) the victim’s 24th birthday; or (2) three years from the date the survivor first disclosed the childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from that provider. The general personal injury SOL under § 37-1-8 does not apply to childhood sexual abuse claims.
Important nuance on the disclosure rule: The three-year clock under option (2) is triggered only by disclosure to a licensed health care provider in a treatment context – a licensed counselor, psychologist, clinical social worker, psychiatrist, physician, PA, or nurse practitioner. Disclosure to friends, family, coaches, teachers, or law enforcement does not start this clock. Only first disclosure in a health care setting qualifies.
Adult survivors (18 or older at time of assault):
Adult survivors must file within three years of the assault or injury under N.M. Stat. § 37-1-8, which is New Mexico’s general personal injury SOL. New Mexico has no special extended deadline for adult sexual assault claims.
Claims against public entities (public schools, government agencies):
Claims against state government or political subdivisions are governed by the New Mexico Tort Claims Act, which requires a two-year filing deadline and strict notice requirements. Survivors with claims involving public schools or other government entities should consult an attorney immediately as the notice and filing deadlines may be shorter.
Fraudulent concealment doctrine:
If a defendant wrongfully concealed facts about the abuse, New Mexico courts may pause the limitations clock until the survivor discovered or reasonably should have discovered the concealment.
No active lookback window as of February 2026:
New Mexico does not currently have an open revival window for previously time-barred claims. Reform legislation was considered in the 2025 session and a House bill passed but did not become law. Advocates continue pushing for elimination of the civil SOL for childhood sexual abuse; survivors should monitor legislative developments.
New Mexico Sexual Assault Attorneys
Kennedy Law Firm
Address: Albuquerque, NM (statewide including rural areas)
Phone: (505) 431-2167
Website: https://www.civilrightslaw.com / https://www.civilrightslaw.com/sexual-abuse/
Kennedy Law Firm is Albuquerque’s leading civil rights and sexual abuse plaintiff firm. Notable results include a $3 million settlement in a Las Cruces police sexual assault case (covered by Albuquerque Journal and Washington Post), a $3.2 million verdict on behalf of a first-grade student molested by a substitute teacher in the Farmington Municipal School District, and a $44 million jury award for a Las Cruces High School student sexually groomed by her agricultural science teacher Patrick Howard. The firm represents survivors of abuse at border crossings, prisons, public schools, group homes, residential treatment centers, and government-funded institutions. The attorneys travel to meet clients across the state. Free confidential consultation. Contingency fee.
Lane + Linnenburger + Lane LLP
Address: Albuquerque, NM
Phone: (505) 226-7979
Website: https://www.attorneyslane.com
Lane Linnenburger Lane is at the forefront of sexual abuse litigation in New Mexico and the broader region. Founding partner Maggie Lane – recognized by Best Lawyers in 2025 for civil rights and appellate practice – is particularly skilled at representing child victims in civil rights cases involving public and private school settings. She clerked for Senior Justice Patricio M. Serna on the New Mexico Supreme Court and has decades of litigation experience. The firm is actively pursuing cases involving: Robert Apodaca (former Santa Fe Public Schools nurse aide), Professor Joseph Berning (New Mexico State University), Eddie Valtera (former Albuquerque Old Town Boys Club director), Catholic priests in New Mexico and Colorado dioceses, the Church of Jesus Christ of Latter-day Saints, Big Brothers Big Sisters Mountain Region, and Albuquerque Public Schools. The firm has a nationwide network of experts. Free consultation. Contingency fee.
McGinn Montoya Love Curry & Sievers PA
Address: Albuquerque, NM
Phone: (505) 581-5389
Website: https://www.mcginnlaw.com/sexual-assault-abuse/
McGinn Montoya Love Curry & Sievers has been representing survivors in New Mexico since 1985, holding insurance companies and institutional defendants accountable. The firm handles sexual abuse cases involving schools, churches, residential facilities, and other organizations. The firm prepares every case for trial from the outset to maximize settlement leverage. Free confidential consultation. Contingency fee.
Egolf + Ferlic + Martinez, LLC
Address: Santa Fe, NM (offices statewide including Albuquerque, Las Cruces, and Taos)
Website: https://www.egolflaw.com/santa-fe-sexual-abuse-lawyer/
Egolf Ferlic Martinez is a Santa Fe-based survivor-focused firm with offices across New Mexico. The firm handles abuse claims involving churches, synagogues, scout troops, healthcare settings, and private settings. The firm is led by experienced litigation attorneys and has received extensive positive feedback from survivors for its compassionate and professional handling of sensitive cases. Free consultation. Contingency fee.
The Fine Law Firm
Address: Albuquerque, NM
Website: https://www.thefinelawfirm.com/sexual-abuse/
The Fine Law Firm provides sexual abuse and assault representation to survivors across New Mexico, handling claims against individual perpetrators and institutional defendants including employers, universities, and property owners with inadequate security. Free confidential consultation. Contingency fee.
Huffman & Monagle, LLC
Address: Albuquerque, NM
Phone: (505) 600-6624
Website: https://www.hwm.law
Established in 1986, Huffman & Monagle is a civil rights and personal injury firm representing survivors of abuse and discrimination. Partner Shayne C. Huffman focuses on civil rights plaintiff work, representing individuals against abuses of institutional power. The firm takes a community-centered, advocacy-oriented approach. Free confidential consultation. Contingency fee.
Key Considerations for New Mexico Survivors
Act immediately if you are approaching age 24. The civil deadline for childhood sexual abuse claims is age 24 (or three years from first healthcare disclosure). This is among the most restrictive in the country. If you are approaching this age, consult an attorney now.
The healthcare disclosure rule is narrow. The extended three-year window is triggered only by first disclosure to a licensed medical or mental health provider in a treatment context. Telling anyone else does not start or reset this clock.
Adult survivors have three years. There is no extended deadline for adults. The standard personal injury SOL of three years applies.
Public entity claims have stricter rules. Claims against public schools, police departments, or other government entities require a two-year deadline and specific advance notice under the Tort Claims Act. Consult an attorney immediately if a government actor is involved.
No criminal SOL for first-degree felonies. The most serious crimes involving sexual penetration of a minor carry no criminal SOL. Criminal prosecution can be brought at any time.
Reform is pending. SB41, which passed the New Mexico Senate 40-1 in February 2026, would eliminate the criminal SOL for second-degree criminal sexual contact with minors. Civil SOL reform bills have advanced in recent sessions. Survivors whose claims may be close to the deadline should consult an attorney and monitor legislative developments.
The Archdiocese of Santa Fe settled for $121.5 million. The archdiocese went through bankruptcy to resolve clergy abuse claims. Survivors with unreported claims against the archdiocese should consult an attorney about the status of those proceedings.
Frequently Asked Questions
How long do I have to file a civil lawsuit for childhood sexual abuse in New Mexico?
Until your 24th birthday, or three years from the first time you disclosed the abuse to a licensed medical or mental health provider in a treatment context, whichever is later. This is one of the most restrictive deadlines in the country.
Is there a revival window for time-barred claims?
As of February 2026, there is no active lookback window in New Mexico. Reform legislation is being pursued but has not yet become law.
What if I was abused at a public school?
Claims against public entities are governed by the New Mexico Tort Claims Act, which has a two-year deadline and advance notice requirements. Consult an attorney immediately.
Does New Mexico have a criminal SOL for child sexual abuse?
For first-degree felonies, there is no criminal SOL. For second-degree felonies, SB41 (passed Senate February 2026, pending in House) would eliminate the SOL. As of February 2026, second-degree offenses carry a six-year criminal SOL.