Wisconsin Sexual Assault Attorney Guide

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Wisconsin gives a survivor of child sexual assault until age 35 to sue the person who committed it, with no discovery alternative. In 2023 the Wisconsin Supreme Court held in Fleming v. Amateur Athletic Union that the age-35 rule does not cover a negligent hiring, retention, or supervision claim against an organization, which instead runs on a three-year period extended for minors. No revival window has been enacted. A person assaulted as an adult has three years. This guide covers those rules, the criminal deadlines in Wis. Stat. § 939.74, and five firms that represent survivors in Wisconsin.

Call 911 if you are in danger now. Wisconsin’s coalitions list 211 as the 24/7 statewide resource line (or text your zip code to 898211), and the National Sexual Assault Hotline is 1-800-656-4673.

The Wisconsin Statutes and court annotations below are quoted from CHILD USA’s analysis, which reports checking them against the Wisconsin Legislature’s official text on September 5, 2026; § 893.57 is from FindLaw’s text dated January 1, 2025. This page offers general information about Wisconsin law and does not evaluate any particular claim.

Claims Against the Abuser: Before Age 35

Wis. Stat. § 893.587 provides in full: “An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.”

The listed offenses are sexual assault of a child, repeated acts of sexual assault of the same child, incest with a child, sexual assault of a child placed in substitute care, and sexual assault of a student by school staff. There is no discovery route. CHILD USA records two decisions on that point: Byrne v. Bercker (1993), where flashbacks more than two years before suit made the claim untimely, and Cheryl D. v. Estate of Robert D.B. (1996), where a survivor who knew who the abuser was and that the conduct was wrong could not toll the period on the ground of being unaware of the psychological harm.

Claims Against Organizations After Fleming

In Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40, the court held, as the Legislature’s annotation states, that “[t]he limitations period in this section applies only to claims alleging that the defendant caused the plaintiff’s injury by committing an enumerated act.” Because the organization was sued for negligently hiring, retaining, and supervising the abuser, “[t]he governing time limit was instead the three-year statute of limitations under s. 893.54, as extended by s. 893.16.”

CHILD USA explains that § 893.16, the minority savings provision, allows an action within two years after the disability of minority ends, which places the deadline against an organization at about age 20. That is roughly fifteen years earlier than the deadline against the abuser.

One route remains distinct. In Doe v. Archdiocese of Milwaukee, 2007 WI 95, the court held that claims based on an archdiocese’s alleged fraudulent misrepresentation about its knowledge of abusive priests were not barred by § 893.587, because none of the listed statutes concerns fraudulent misrepresentation. When such a claim must be filed is a separate question for a lawyer.

Five Amendments, No Reach-Back

CHILD USA reports that § 893.587 contains no revival provision and that none of its five amendments reached back to expired claims.

Adult Survivors and § 893.54

The Fleming annotation describes § 893.54 as “the three-year statute of limitations” for injury to the person. For a claim against the assailant, § 893.57 applies the same length to intentional torts: “An action to recover damages for libel, slander, assault, battery, invasion of privacy, false imprisonment or other intentional tort to the person shall be commenced within 3 years after the cause of action accrues or be barred.” Both sections give three years; when the period began should be confirmed with a lawyer soon after an assault.

Criminal Deadlines Under § 939.74

Prosecution is the state’s decision. CHILD USA reports:

  • No limit (§ 939.74(2)(a)1.): first degree sexual assault, first degree sexual assault of a child, and the more serious forms of repeated sexual assault of the same child.
  • Before the victim turns 45 (§ 939.74(2)(c)): second degree sexual assault of a child, sexual exploitation of a child, incest with a child, child enticement, sexual assault of a child in substitute care, sexual assault of a student by school staff, and other listed offenses.
  • Before the victim turns 26 (§ 939.74(2)(cm)): causing mental harm to a child and the remaining child enticement provisions.
  • Adult victims (§ 939.74(2)(ar)): twenty years for second degree sexual assault, ten years for third degree.
  • DNA (§ 939.74(2d)(c)): if biological material was collected before the period expired, twelve months after a DNA comparison produces a probable identification, if later.

A civil claim does not depend on any prosecution.

Checklist for a Wisconsin Consultation

The defendant decides the deadline in Wisconsin. List the abuser and every organization connected to the abuse, and bring the survivor’s date of birth and the dates involved. Ask the lawyer:

  1. Against the abuser, does the conduct fit an offense listed in § 893.587, and when is the 35th birthday?
  2. Against an organization, has the period under §§ 893.54 and 893.16 already run after Fleming?
  3. Is there a basis for a fraudulent misrepresentation claim of the kind recognized in Doe v. Archdiocese of Milwaukee?
  4. For an adult assault, which limitation period applies and when did it start?
  5. Is any defendant a school district or government body with its own notice rules?
  6. Does the firm represent the Archdiocese of Milwaukee, another diocese, or an insurer that may be a defendant?

Attorney Firms

(1) Gingras, Thomsen & Wachs, LLP

Leading Wisconsin plaintiff firm with substantial sexual abuse survivor practice. Active against the Archdiocese of Milwaukee (bankruptcy proceedings) and other Wisconsin institutional defendants. Handles school abuse, clergy abuse, and workplace abuse claims statewide. Free confidential consultation, contingency fee.

(2) Habush Habush & Rottier S.C.

Wisconsin’s largest plaintiff firm. Handles sexual abuse civil claims statewide including institutional cases. Extensive resources for complex institutional litigation. Free confidential consultation, contingency fee.

(3) Cannon & Dunphy S.C.

Milwaukee-area plaintiff firm with sexual abuse survivor practice. Handles claims against institutions and individual perpetrators statewide. Free confidential consultation, contingency fee.

(4) Levy Konigsberg LLP

Nationally recognized institutional abuse firm, $3B+ recovered. Active against Archdiocese of Milwaukee bankruptcy proceedings and other Wisconsin institutional defendants. Free confidential consultation, contingency fee.

(5) Herman Law

Nationally recognized survivor-focused firm. Active against Wisconsin Catholic dioceses and other institutional defendants. Free confidential consultation, contingency fee.

Frequently Asked Questions

I am 30 and was abused by a coach at 12. Can I sue the coach and the club?

Against the coach, a claim based on a listed offense can be filed before your 35th birthday under § 893.587. Against the club for negligent hiring or supervision, Fleming (2023) applies the three-year period in § 893.54 as extended by § 893.16, which CHILD USA places at about age 20.

Does Wisconsin have a discovery rule for childhood sexual abuse?

Not in § 893.587. The section sets an age deadline only, and the decisions CHILD USA records refused discovery-based tolling.

Has Wisconsin ever revived expired claims?

No. CHILD USA found no revival provision in chapter 893.

Can second degree sexual assault of a child be prosecuted years later?

Yes, until the victim turns 45, under § 939.74(2)(c).

Support and Reporting Lines

  • Emergency: 911
  • 211 Wisconsin, 24/7 statewide resources: 211, or text your zip code to 898211
  • Wisconsin Coalition Against Sexual Assault (office): 608-257-1516
  • End Domestic Abuse Wisconsin (office): 608-255-0539
  • National Sexual Assault Hotline: 1-800-656-4673

Sources