Sexual Assault Attorneys in Kentucky: Your Complete Legal Guide

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A civil claim for childhood sexual abuse in Kentucky must be brought within 10 years after the survivor turns 18, which is the 28th birthday, and that period applies to organizations as well as to the abuser. The revival clause still printed in the statute does not help survivors whose claims had already expired: the Supreme Court of Kentucky held in 2024 that it does not reach time-barred claims. A person assaulted as an adult falls under the general one-year period for injury to the person. Below are the rules in KRS 413.249, its unusual sealing and privilege provisions, the criminal deadlines, and two firms that represent survivors in Kentucky.

Call 911 in an emergency. The Kentucky Association of Sexual Assault Programs lists a toll-free line at 866-375-2727, and the National Sexual Assault Hotline is 1-800-656-4673.

The statutory text below is quoted from CHILD USA’s review of the Kentucky Revised Statutes as effective July 15, 2024, read in October 2026; the adult period in KRS 413.140 is from FindLaw’s text dated January 1, 2025. The page explains Kentucky law in general terms and does not evaluate a specific claim.

Childhood Abuse: Ten Years After Age 18, Against the Abuser or an Entity

KRS 413.249(2) provides: “A civil action for recovery of damages for injury or illness suffered as a result of childhood sexual assault or abuse shall be brought within ten (10) years after the victim attains the age of eighteen (18) years.”

Under § 413.249(3), the same period applies to an action against “(a) A person alleged to have committed the act of childhood sexual assault or abuse; or (b) An entity that owed a duty of care to the plaintiff, where a wrongful or negligent act by an employee, officer, director, official, volunteer, representative, or agent of the entity was a legal cause of the childhood sexual assault or abuse.” CHILD USA reports that “entity” is defined to include the Commonwealth, cities, counties, and their agencies.

Two further provisions shape a claim:

  • No conviction needed (§ 413.249(1)(a)): “No prior criminal prosecution or conviction of the civil defendant for the act or series of acts shall be required to bring a civil action for redress of childhood sexual assault or abuse.”
  • A threshold for third parties (§ 413.249(5)): “A victim of childhood sexual assault or abuse shall not have a cause of action against a third party, unless the third party failed to act as a reasonable person or entity in complying with their duties to the victim.”

Sealed Filing and the Privilege Rule

Kentucky builds privacy into the filing itself. Under § 413.249(4), as CHILD USA describes it, the complaint must be accompanied by a motion to seal and “shall immediately be sealed by the clerk of the court.” It stays sealed until the court rules on the motion, until any motion to dismiss is decided, or, where the defendant answers and moves to seal on the ground that a valid factual defense exists, until the defendant’s summary judgment motion is granted. A dismissed complaint stays sealed unless a higher court opens it.

Section 413.249(6)(a) removes all but two privileges as grounds for excluding evidence about childhood sexual abuse: neither the husband-wife privilege nor any professional-client or patient privilege, “except the attorney-client and clergy-penitent privilege,” may be used that way, in civil or criminal proceedings. Section 413.249(6)(b) narrows the clergy-penitent exception to information received solely through confidential communications with a clergy member in a setting where the clergy member is authorized to hear them and has a duty to keep them secret. Therapy and medical records can therefore come into the case, a point worth discussing with a lawyer before treatment records are requested.

Expired Claims: The Revival Clause After Thompson v. Killary

Section 413.249(7)(b) states that “any claim for childhood sexual assault or abuse that was barred as of March 23, 2021, because the applicable statute of limitations had expired is hereby revived, and the action may be brought if commenced within five (5) years of the date on which the applicable statute of limitations expired.”

In Thompson v. Killary, 683 S.W.3d 641 (Ky. 2024), decided February 15, 2024, the Supreme Court of Kentucky held that a defendant has a vested right to assert an expired statute of limitations and that § 413.249(7)(b) does not revive claims already time-barred. CHILD USA notes that the Court did not strike the subsection, which remains in the statute, and that footnote 12 says the revival of time-barred claims would be prohibited even without the note the Court relied on. A claim that expired before March 23, 2021 therefore cannot rely on the revival clause.

When the Survivor Was 18 or Older

Section 413.249 governs childhood sexual assault or abuse. For an adult, the general rule is KRS 413.140(1)(a): “An action for an injury to the person of the plaintiff” must “be commenced within one (1) year after the cause of action accrued.” The text quoted here is the FindLaw version dated January 1, 2025. One year is a short period, so for an adult assault the accrual date, and whether any tolling rule applies, are the first things to fix with a lawyer.

Criminal Prosecution Deadlines

Prosecution is the Commonwealth’s decision. CHILD USA quotes KRS 500.050(1): “Except as otherwise expressly provided, the prosecution of a felony is not subject to a period of limitation and may be commenced at any time.” Other offenses carry one year under § 500.050(2), except that, under § 500.050(3)(a), “For a misdemeanor sex offense when the victim is a minor at the time of the offense, the prosecution of the offense shall be commenced within ten (10) years after the victim attains the age of eighteen (18) years.”

The civil period runs whether or not the Commonwealth brings charges.

Working Through a Kentucky Claim With a Lawyer

Before the first meeting, gather the survivor’s date of birth, the dates of the abuse, the organizations involved, and any treatment records the survivor is comfortable discussing. The points to settle:

  1. What is the last filing day under § 413.249(2), and does it apply to each defendant under § 413.249(3)?
  2. What facts show an entity’s employee or volunteer was a legal cause of the abuse, and that the entity failed to act as a reasonable entity under § 413.249(5)?
  3. If the claim expired before March 23, 2021, is there any route after Thompson v. Killary?
  4. How will the sealing procedure in § 413.249(4) work in this case?
  5. Which records could become evidence under the privilege rule in § 413.249(6)?
  6. For an adult assault, which statute governs and when did it start?
  7. What does the firm charge, and what case costs come out of a recovery?

Kentucky Sexual Assault Attorneys

Bruce Law Group

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

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.

Frequently Asked Questions

I was abused at 14 and I am now 26. Do I still have time?

Yes, under § 413.249(2), the 10-year period after age 18 runs to the 28th birthday.

My claim expired in 2015. Did the 2021 revival law bring it back?

No. In Thompson v. Killary (2024), the Supreme Court of Kentucky held that § 413.249(7)(b) does not revive claims that were already time-barred.

Will my name be public when I file?

Section 413.249(4) requires the complaint to be filed with a motion to seal and sealed immediately by the clerk, and it stays sealed through the early stages described above.

Can my therapist’s records be used in the case?

They can. Section 413.249(6)(a) provides that professional-client and patient privileges, other than attorney-client and clergy-penitent, are not grounds for excluding evidence about childhood sexual abuse.

Support and Reporting Lines

  • Emergency: 911
  • Kentucky Association of Sexual Assault Programs (toll-free): 866-375-2727
  • ZeroV, Kentucky’s domestic violence coalition (office): 502-209-5382
  • National Sexual Assault Hotline: 1-800-656-4673

Kentucky’s limitation rules changed through the 2021 legislation and the 2024 Thompson v. Killary decision described above; the summary is general information for that reason.

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