Tennessee Sexual Assault Attorney Guide

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Tennessee’s deadline for a childhood sexual abuse lawsuit depends on when the abuse happened. For abuse on or after July 1, 2025, a survivor has until age 48 or three years from discovery; for abuse between July 1, 2019 and July 1, 2025, until age 33 or three years from discovery; for earlier abuse, only three years from discovery, and only if the abuse “was not discovered at the time.” Tennessee has never opened a revival window. Claims against institutions filed after a survivor turns 19 need corroborating evidence. This guide explains those rules, the criminal law, and five firms that take Tennessee cases.

Call 911 if you are not safe. The Tennessee Coalition to End Domestic and Sexual Violence lists a 24/7 toll-free sexual assault hotline at 1-866-811-7473, and the National Sexual Assault Hotline is 1-800-656-4673.

The Tennessee Code text below is quoted from CHILD USA’s analysis, which reports checking it on September 5, 2026 and notes that Tennessee advises citing the Public Chapter for the newest amendments. This page gives general information about Tennessee law and does not assess any individual claim.

Three Cohorts by Date of Abuse

Tenn. Code Ann. § 28-3-116(b) sets the civil period by when the abuse occurred:

  • Before July 1, 2019 (§ 28-3-116(b)(1)): if the abuse was not discovered at the time, “within three (3) years from the time of discovery of the abuse by the injured person.” There is no age-based period.
  • July 1, 2019 to June 30, 2025 (§ 28-3-116(b)(2)): the later of fifteen years after the survivor’s 18th birthday (age 33) or three years from discovery.
  • On or after July 1, 2025 (§ 28-3-116(b)(3)): the later of thirty years after the 18th birthday (age 48) or three years from discovery.

CHILD USA points out the effect of the first cohort: “A survivor abused in 2005 who always knew what happened has no route under (b)(1).”

What Counts as Discovery

Section 28-3-116(a)(2) defines discovery as “when the injured person becomes aware that the injury or illness was caused by child sexual abuse or trafficking for a commercial sex act,” and adds that discovery “shall not be deemed to have occurred solely by virtue of the injured person’s awareness, knowledge, or memory of the acts of abuse.” Remembering the abuse is not the same as discovering that it caused an injury.

Two further rules help survivors. Under § 28-3-116(d), a plaintiff need not show which act in a series caused the injury or prove that the memory was repressed. Under § 28-3-116(e), a parent’s or guardian’s knowledge is not imputed to a minor.

Claims Against Institutions Need Corroboration

Section 28-3-116(f) provides: “If an action is brought against someone other than the alleged perpetrator of the child sexual abuse or trafficking for a commercial sex act, and if the action is brought more than one (1) year from the date the injured person attains the age of majority, then the injured person must offer admissible and credible evidence corroborating the claim of abuse or trafficking by the alleged perpetrator.”

A suit against a diocese, school, or youth program filed after age 19 therefore needs evidence beyond the survivor’s own account, such as records, other reports, or witnesses.

Trafficking for a Commercial Sex Act

Under § 28-3-116(c), trafficking before July 1, 2024 that was not discovered at the time carries three years from discovery; trafficking on or after July 1, 2024 carries thirty years from the 18th birthday.

Each Extension Applied Only to Later Abuse

CHILD USA reports that § 28-3-116 “contains no revival provision” and that each extension applied only to abuse on or after its own effective date. A claim already barred when a change took effect was not brought back.

Adults and Danielle’s Law

Section 28-3-116 covers abuse of children. For people assaulted as adults, the firm profiles below refer to a 2024 Tennessee law known as Danielle’s Law, which extended the time to sue for adult sexual assault. Because a change of this kind applies according to its effective date, the deadline for an adult claim depends on which version of the law was in force on the date of the assault. This guide does not give a number for adults; an adult survivor should have a Tennessee lawyer confirm the deadline from the enacted text early, because the childhood periods above do not apply to an assault on an adult.

Criminal Deadlines Under § 40-2-101

Prosecution is the state’s decision. Section 40-2-101(q)(1) lists childhood sexual offenses including rape, aggravated rape, rape of a child, sexual battery, sexual battery by an authority figure, statutory rape, continuous sexual abuse of a child, and incest. Under § 40-2-101(q)(2), these may be prosecuted “at any time” if the victim was under 13, or was 13 to 17 and reported the offense to another person before turning 23.

Without such a report, § 40-2-101(q)(3) still allows prosecution at any time, but for offenses on or after July 1, 2025 a prosecution begun more than thirty years after the victim turns 18 requires “admissible and credible evidence corroborating the allegations or similar acts by the defendant.” Child trafficking on or after July 1, 2021 can be prosecuted at any time with no condition under § 40-2-101(r). CHILD USA also notes a 2026 amendment to § 40-2-101, so the version in force on the date of the offense is a point to confirm. A civil claim does not depend on any prosecution.

Getting Ready to Talk to a Tennessee Lawyer

The date of the abuse places a claim in one of the three cohorts, so it comes first. Also bring your date of birth, when you connected any injury to the abuse, and any records or witnesses that could corroborate it. Questions to put to the lawyer:

  1. Which cohort under § 28-3-116(b) does the abuse fall in, and when does that period end?
  2. For abuse before July 1, 2019, was it “not discovered at the time,” and when did discovery occur under § 28-3-116(a)(2)?
  3. For a claim against an organization after age 19, what corroborating evidence exists under § 28-3-116(f)?
  4. For an adult assault, which limitation period was in force on the date of the assault, and what conditions does Danielle’s Law attach to it?
  5. Is any defendant a public school system or government body with its own filing rules?
  6. Does the firm represent the Diocese of Nashville, Memphis, or Knoxville, or an insurer that may be a defendant?

Attorney Firms

(1) Law Office of Mark Wibracht

Nashville-based personal injury firm with sexual abuse survivor practice. Handles institutional and individual perpetrator claims under Tennessee’s updated SOL framework including Danielle’s Law adult extensions. Free confidential consultation, contingency fee.

(2) Herman Law

Nationally recognized firm. Active against Tennessee Catholic dioceses and other institutional defendants. Tracks Tennessee’s Danielle’s Law adult SOL extension and any lookback window developments. Free confidential consultation, contingency fee.

(3) Levy Konigsberg LLP

Nationally recognized institutional abuse firm, $3B+ recovered. Active against Tennessee dioceses and juvenile detention facilities. Free confidential consultation, contingency fee.

(4) TFNL Group

National team with $375M+ in verdicts and settlements. Handles Tennessee institutional abuse claims. Free confidential consultation, contingency fee.

(5) Sanford Heisler Sharp McKnight LLP

National Title IX and sexual violence firm with Tennessee practice. Handles Title IX violations, clergy abuse, and institutional claims. Free confidential consultation, contingency fee.

Frequently Asked Questions

I was abused in Tennessee in 2010 and have always remembered it. Can I still sue?

Possibly. Section 28-3-116(b)(1) gives three years from discovery, and § 28-3-116(a)(2) says remembering the abuse is not by itself discovery that it caused an injury. Whether the abuse “was not discovered at the time” is the question for a lawyer.

Does Tennessee have a lookback window?

No. CHILD USA found no revival provision in § 28-3-116, and each extension applies only to abuse after its effective date.

What extra proof do I need to sue a church or school?

If you file after your 19th birthday, § 28-3-116(f) requires admissible and credible evidence corroborating the abuse by the alleged perpetrator.

Can child rape be prosecuted decades later?

Yes. Section 40-2-101(q) allows prosecution at any time, with a corroboration requirement for late prosecutions in some cases where the victim did not report before age 23.

Support and Reporting Lines

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