Sexual Assault Attorneys in Nebraska: Your Complete Legal Guide

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Nebraska draws its civil line by defendant. A survivor of sexual assault of a child, as defined in two specific criminal statutes, can sue the person who directly caused the injury with no time limit, as long as the claim was not already barred by August 24, 2017. A claim against anyone else, including a school, church, or employer, must be brought within twelve years after the survivor’s 21st birthday, which is the 33rd. For a person assaulted as an adult, the general four-year period for injuries not arising on contract is the starting point. Below are those rules from the Nebraska statutes, the criminal deadlines, points to raise with a lawyer, and four firms that represent survivors in Nebraska.

For an emergency, call 911. The Nebraska Coalition to End Sexual and Domestic Violence office is 402-476-6256, and the National Sexual Assault Hotline is 1-800-656-4673.

Section 25-228 and the criminal statutes below are quoted from CHILD USA’s review of the official text, read in October 2026, and §§ 25-207 and 25-208 from FindLaw’s text dated January 1, 2024. They are offered as general information rather than advice on any one case.

Against the Person Who Committed the Abuse: No Time Limit

Neb. Rev. Stat. § 25-228(1)(a) provides: “There shall not be any time limitation for an action against the individual or individuals directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 if such violation occurred (i) on or after August 24, 2017, or (ii) prior to August 24, 2017, if such action was not previously time barred.”

Sections 28-319.01 and 28-320.01 are sexual assault of a child in the first degree and in the second or third degree. CHILD USA notes that abuse amounting to some other offense falls outside § 25-228 and runs on Nebraska’s general limitation provisions.

Against Schools, Churches, Employers, and Others: Age 33

Section 25-228(1)(b) reads: “An action against any person or entity other than the individual directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 may only be brought within twelve years after the plaintiff’s twenty-first birthday.”

The result is a sharp divide. A survivor who comes forward at 45 may have a claim against the abuser but not against the organization that employed or supervised the abuser.

Under § 25-228(2), “Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.”

No Revival of Claims Already Barred

The Nebraska Legislature’s annotation printed with § 25-228, which CHILD USA quotes, states: “This section does not apply to an action that was already barred under the existing statutes of limitations at the time this section was enacted in 2012. Doe v. McCoy, 297 Neb. 321, 899 N.W.2d 899 (2017).” Nebraska has not opened a revival window.

Adult Survivors and Claims Against Public Bodies

Section 25-228 covers victims of the two child sexual assault statutes. For an adult, the general rule is § 25-207(3), which allows four years for “an action for an injury to the rights of the plaintiff, not arising on contract, and not hereinafter enumerated”; the one-year period in § 25-208 is limited to libel and slander. The text quoted here is the FindLaw version dated January 1, 2024. A claim against the state, a county, a city, or a public school also runs through the State Tort Claims Act or the Political Subdivisions Tort Claims Act, whose notice deadlines this page does not set out. Because the period can differ by legal theory and by defendant, an adult survivor needs those dates fixed early.

Criminal Deadlines Under § 29-110

Prosecution is the state’s decision. CHILD USA quotes Neb. Rev. Stat. § 29-110(11), as amended in 2025: “There shall not be any time limitations for prosecution or punishment for treason, murder, arson, forgery, sexual assault in the first or second degree under section 28-319 or 28-320, sexual assault of a child in the second or third degree under section 28-320.01, incest under section 28-703, sexual assault of a child in the first degree under section 28-319.01, labor trafficking of a minor or sex trafficking of a minor under subsection (1) of section 28-831, or an offense under section 28-1805; nor shall there be any time limitations for prosecution or punishment for sexual assault in the third degree under section 28-320 when the victim is under sixteen years of age at the time of the offense.”

Other offenses keep deadlines. Under § 29-110(3), child abuse under § 28-707, debauching a minor, and several related offenses against a victim under 16 must be charged within seven years after the offense or after the victim’s 16th birthday, whichever is later. The general periods are three years for felonies and eighteen months for misdemeanors under § 29-110(1) and (2).

Matters to Raise With a Nebraska Lawyer

The survivor’s date of birth, the dates and nature of the abuse, and the role of each organization will decide which part of § 25-228 applies. Points to cover:

  1. Does the conduct fit § 28-319.01 or § 28-320.01, bringing it within § 25-228?
  2. Was the claim still timely on August 24, 2017, if the abuse happened earlier?
  3. What is the 33rd-birthday date for any claim against an organization?
  4. For abuse outside those two statutes, or an assault as an adult, which general limitation period applies?
  5. Is any defendant a public school or state agency, and what notice must be given first?
  6. Does the firm represent any diocese, school, or insurer that may be involved, and what are its fee terms?

Nebraska Sexual Assault Attorneys

Welsh & Welsh, PC LLO

Welsh & Welsh is one of Nebraska’s most established personal injury firms, operating in Omaha for over six decades. Led currently by attorney Christopher P. Welsh (son of founder James R. Welsh, Super Lawyers honoree 2011-2022), the firm handles sexual assault civil claims as part of its personal injury practice, including rideshare sexual assault, institutional liability cases, and direct perpetrator claims. The firm works across Nebraska, Iowa, Kansas, and Missouri. Contingency fee basis. Free consultation.

Inkelaar Law

Inkelaar Law is an Omaha personal injury firm that represents survivors of sexual abuse in civil litigation, pursuing accountability for individual abusers and institutional defendants. The firm handles sexual abuse cases involving negligent security, negligent hiring and supervision, and direct assault by care providers, supervisors, and authority figures. Contingency fee basis. Free consultation.

Jeff Anderson & Associates, P.A. (Nebraska Practice)

Jeff Anderson & Associates is the national leader in institutional childhood sexual abuse litigation and has represented Nebraska survivors in clergy abuse and institutional misconduct cases. The firm has obtained clergy file disclosures from the Diocese of Lincoln and Archdiocese of Omaha through its national litigation campaigns and has handled cases against religious institutions, schools, and youth organizations in Nebraska. Cases accepted on contingency. Free confidential consultation.

Levy Konigsberg LLP (Nebraska Practice)

Levy Konigsberg is a national institutional sexual abuse firm with over $3 billion recovered nationally for survivors, and actively pursues Nebraska institutional abuse claims. The firm handles clergy abuse, school abuse, and other institutional misconduct cases and can advise on the no-SOL rule for direct perpetrator claims as well as the age-33 institutional deadline. Free confidential consultation. Contingency fee basis.

Frequently Asked Questions

I am 40 and was abused by a teacher at age 12. Who can I still sue?

If the abuse was a violation of § 28-319.01 or § 28-320.01, § 25-228(1)(a) sets no time limit against the teacher personally, provided the claim was not already barred before August 24, 2017. A claim against the school is limited by § 25-228(1)(b) to twelve years after your 21st birthday, which has passed.

Does Nebraska have a lookback window?

No. The Nebraska Supreme Court confirmed in Doe v. McCoy (2017) that § 25-228 does not apply to claims already barred when it was enacted.

Does the abuser need to be convicted for me to sue?

No. Section 25-228(2) states that criminal prosecution is not required.

Is there a time limit to prosecute sexual assault in Nebraska?

Not for sexual assault in the first or second degree, sexual assault of a child in any degree, incest, or third degree sexual assault of a victim under 16, under § 29-110(11).

Support and Reporting Lines

  • Emergency: 911
  • Nebraska Coalition to End Sexual and Domestic Violence (office): 402-476-6256
  • National Sexual Assault Hotline: 1-800-656-4673

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