Sexual Assault Attorneys in North Carolina: Your Complete Legal Guide

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North Carolina’s SAFE Child Act of 2019 gives a survivor of childhood sexual abuse until age 28 to sue, plus a separate route with no age cap: two years from the abuser’s conviction for a related felony sexual offense. The Act’s two-year revival window closed on December 31, 2021, and the North Carolina Supreme Court upheld it in McKinney v. Goins in January 2025. No felony in North Carolina has a criminal time limit, but misdemeanor sexual battery does. An adult’s claim for assault or battery has three years. This guide covers those rules, the adult position, and six firms that represent survivors in North Carolina.

If you are not safe right now, call 911. The National Sexual Assault Hotline is 1-800-656-4673, and the North Carolina Coalition Against Sexual Assault lists a toll-free number, 1-888-737-2272.

The General Statutes, session law, and court decisions below are quoted from CHILD USA’s analysis, which reports checking them against the General Assembly’s official text on September 5, 2026; G.S. 1-52 is from FindLaw’s text dated January 1, 2023. This page describes North Carolina law in general and does not evaluate a specific claim.

Abuse Before 18: Until Age 28

N.C. Gen. Stat. § 1-17(d) provides: “Notwithstanding the provisions of subsections (a), (b), (c), and (e) of this section, a plaintiff may file a civil action against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age until the plaintiff attains 28 years of age.”

The provision speaks of “a defendant,” not only the abuser. It took effect December 1, 2019 and, under S.L. 2019-245, § 9(c), “applies to civil actions commenced on or after that date.” CHILD USA reports that before the Act these claims ran on the general three-year period in G.S. 1-52 from age 18, so the deadline was 21.

Two Years After a Conviction, at Any Age

Section 1-17(e) provides: “Notwithstanding the provisions of subsections (a), (b), (c), and (d) of this section, a plaintiff may file a civil action within two years of the date of a criminal conviction for a related felony sexual offense against a defendant for claims related to sexual abuse suffered while the plaintiff was under 18 years of age.”

CHILD USA notes that this route “has no outer age cap”: a conviction obtained when the survivor is fifty starts two fresh years. A survivor past 28 whose abuser is later convicted of a related felony should speak to a lawyer promptly after the conviction.

The 2020-2021 Window and McKinney v. Goins

S.L. 2019-245, § 4.2(b) provided: “Effective from January 1, 2020, until December 31, 2021, this section revives any civil action for child sexual abuse otherwise time-barred under G.S. 1-52 as it existed immediately before the enactment of this act.” That window has closed.

In McKinney v. Goins, 387 N.C. 35 (2025), decided January 31, 2025, three former East Gaston High School wrestlers abused by their coach had sued the school board inside the window, on claims that had expired by 2008. The court held that the revival did not violate the state constitution’s Law of the Land Clause, because reviving an expired limitations period “merely affects a statutory defense” and “does not implicate a vested right.” Chief Justice Newby wrote the opinion; Justice Earls concurred in the result only.

Adults and the Three-Year Period in G.S. 1-52

Sections 1-17(d) and (e) apply only to abuse suffered under 18. For an adult, G.S. 1-52 sets three years, and its subdivision (19) names the claim directly: “For assault, battery, or false imprisonment, except as provided by G.S. 1-17(d) and (e).” Subdivision (16) adds that for personal injury the cause of action does not accrue until bodily harm “becomes apparent or ought reasonably to have become apparent to the claimant, whichever event first occurs.” The text quoted here is the FindLaw version dated January 1, 2023, so an adult survivor should not assume more than three years and should have a lawyer confirm the rule in force on the date of the assault.

Organizations and Public Bodies

Because § 1-17(d) applies to claims against “a defendant,” its wording reaches a negligence claim against a school, church, or employer arising from childhood abuse, on the same age-28 period. McKinney itself was a suit against a school board. Claims against public bodies can raise immunity questions that this page does not cover.

No Felony Deadline, Ten Years for Some Misdemeanors

Prosecution is the state’s decision. North Carolina has no felony limitation statute; in State v. Johnson, 275 N.C. 264 (1969), the Supreme Court said: “In this State no statute of limitations bars the prosecution of a felony.”

Misdemeanors are different. Under G.S. 15-1(a), “all misdemeanors except malicious misdemeanors” must be charged within two years. Since the SAFE Child Act, § 15-1(b) sets ten years for five listed misdemeanors, including sexual battery under G.S. 14-27.33 and indecent liberties between children under G.S. 14-202.2. CHILD USA notes that the ten years run from “the commission of the crime,” with no tolling for the victim’s age on the face of the section. A civil claim does not depend on any prosecution, although a felony conviction opens the § 1-17(e) route.

Questions for a North Carolina Lawyer

The two civil routes for childhood abuse work on different clocks, so both should be checked. Bring the survivor’s date of birth, the dates of the abuse, any criminal case number and conviction date, and the names of the organizations involved. A lawyer can then answer:

  1. When is the survivor’s 28th birthday under § 1-17(d)?
  2. Has the abuser been convicted of a related felony sexual offense, and when do the two years under § 1-17(e) end?
  3. Was a claim filed during the 2020-2021 window?
  4. For an adult assault, which subsection of G.S. 1-52 applies and when did the period begin?
  5. Is any defendant a school board or other public body, and does immunity affect the claim?
  6. Does the firm represent a diocese, school board, or insurer that may be a defendant?

North Carolina Sexual Assault Attorneys

Rhine Law Firm, P.C.

Rhine Law Firm is North Carolina’s most prominent institutional sexual abuse litigation firm. The firm secured a $140 million default judgment for victims of Michael Kelly, a former New Hanover County Schools teacher, and a $5.75 million settlement against the New Hanover County Board of Education in that same case. Rhine Law Firm focuses exclusively on institutional abuse cases – schools, religious organizations, youth groups, and any setting where systemic failures enabled abuse. The firm has the experience of litigating under the SAFE Child Act against powerful institutional defendants and has pursued cases nationally. Free confidential consultation. Contingency fee.

Edwards Kirby, LLP

Edwards Kirby has over 170 collective years of legal experience and has served North Carolina clients since 1993. The firm’s sexual assault and harassment attorneys hold perpetrators and institutional enablers accountable in civil claims throughout the state. The firm handles adult survivor claims, SAFE Child Act claims, Title IX violations, and institutional negligence cases involving inadequate security and failure to screen employees. No fees unless they win. Free consultation.

Riddle & Riddle Injury Lawyers

Riddle & Riddle has obtained a $5 million verdict against a Wayne County sheriff’s deputy who forced jailed women to engage in sexual activity – a rare and significant institutional accountability result in the law enforcement context. The firm handles claims involving employers, businesses with inadequate security, and professionals who failed to report known threats. Available 24/7 for free confidential consultations. No fees unless they win.

Lanier Law Group, P.A.

Lanier Law Group has over 25 years of experience and provides trauma-informed legal support to survivors throughout North Carolina. The firm handles claims involving negligent security, institutional failures, employer liability, and direct perpetrator claims. Every case is prepared for trial from the start to maximize settlement leverage. Free confidential consultation. Contingency fee.

Nichols Law Firm

Attorney Christopher R. Nichols represents only victims – never perpetrators – in sexual abuse civil litigation. The firm has handled cases involving adult survivors and childhood survivors, navigating statute of limitations issues with particular expertise. Free confidential consultation. Contingency fee.

Tatum & Atkinson, PLLC

Tatum & Atkinson is a North Carolina personal injury firm with a dedicated sexual assault practice. The firm handles claims under the SAFE Child Act, adult SOL cases, and institutional negligence, and provides detailed guidance on statute of limitations issues including discovery rule tolling. Free confidential consultation. No fees unless they win.

Frequently Asked Questions

I was abused at 15 and I am now 33. Is it too late in North Carolina?

Under § 1-17(d) the deadline was your 28th birthday. If the abuser is convicted of a related felony sexual offense, § 1-17(e) allows a claim within two years of the conviction, whatever your age.

Can I still file under the SAFE Child Act lookback window?

No. The window ran from January 1, 2020 to December 31, 2021. McKinney v. Goins (2025) upheld it for cases filed during that period.

Does the age-28 deadline apply to a school or church?

Section 1-17(d) allows a civil action “against a defendant” for claims related to childhood sexual abuse, which is not limited to the abuser.

Can a rape from decades ago still be prosecuted?

Felonies in North Carolina have no statute of limitations under State v. Johnson (1969). Misdemeanor sexual battery has a ten-year limit under G.S. 15-1(b).

Support and Reporting Lines

  • Emergency: 911
  • North Carolina Coalition Against Sexual Assault (toll-free): 1-888-737-2272
  • North Carolina Coalition Against Domestic Violence (toll-free): 1-888-232-9124
  • National Sexual Assault Hotline: 1-800-656-4673

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