North Dakota Sexual Assault Attorney Guide

11 sections 7 min read

North Dakota gives a survivor of childhood sexual abuse twenty-one years from when the claim accrued, with the clock held until age 15 for younger children, and gives an adult survivor nine years from the act. Both periods are written into the North Dakota Century Code, and both also apply to claims against the State. No revival window has ever been enacted. On the criminal side, child sexual offenses carry twenty-one years, with a three-year route after a late report to police. This guide sets out those rules from the official Code, questions for a lawyer, and five firms that serve North Dakota.

If you are in danger, call 911. The North Dakota Domestic and Sexual Violence Coalition lists a toll-free number, 1-888-255-6240, and the National Sexual Assault Hotline is 1-800-656-4673.

The sections below were read in the official Century Code chapters published by the North Dakota Legislative Branch in October 2026. The page explains the statutes and does not evaluate any particular claim.

Childhood Sexual Abuse: Twenty-One Years From Accrual

N.D. Cent. Code § 28-01-25.1(1) provides: “Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within twenty-one years after the potential claim resulting from alleged childhood sexual abuse accrued.”

The words “Notwithstanding section 28-01-25” set aside the general rule that pauses limitation periods during minority. In its place, § 28-01-25.1(2) provides that if the plaintiff was under 15 when the act occurred, “the applicable twenty-one year period of limitation does not begin to run until the plaintiff has reached fifteen years of age.” For a child abused before 15, that puts the outer date at age 36 if the claim accrued at the time of the act.

“Childhood sexual abuse” under § 28-01-25.1(3) means an act against a plaintiff under 18 that would have violated chapter 12.1-20 (sex offenses) or 12.1-27.2 (sexual performances by children). Under § 28-01-25.1(4), “the plaintiff is not required to establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.”

When a claim “accrued” can itself be disputed, so the accrual date is worth settling with a lawyer before relying on the age-36 figure.

Adult Survivors: Nine Years

Section 28-01-25.2 provides: “A claim for relief that resulted from sexual assault, sexual abuse, gross sexual imposition, or any other claim based on a sexual act or sexual contact as defined in chapter 12.1-20 must be commenced within nine years after the date of the act.”

Unlike the child rule, this period runs from “the date of the act.”

Claims Against the State

Section 28-01-22.1(3) carries the same periods into claims against the State and its employees: such a claim “must be commenced: a. Within nine years after the date the act occurred; or b. Within twenty-one years after the date the act occurred, if the act occurred when the plaintiff was under eighteen years of age.” Subsection (4) applies the same age-15 starting point. The section adds that it “may not be construed as a waiver of immunity,” so immunity questions remain. Claims against counties, cities, and school districts follow other rules that this guide does not cover.

Chapter 28-01 Revives Nothing

CHILD USA, which reports reading all of chapter 28-01, found no revival provision for sexual abuse claims, and none appears in §§ 28-01-25.1 or 28-01-25.2. A claim already barred under earlier law was not revived.

Organizations

The child rule is framed around “a claim for relief resulting from childhood sexual abuse,” not around a particular defendant. A negligence claim against a school, church, residential facility, or employer for abuse a child suffered is a claim of that kind on the statute’s wording, but whether a court applies § 28-01-25.1 to a non-perpetrator defendant is a question to raise with a lawyer.

Prosecution Limits in Chapter 29-04

Prosecution is the state’s decision. Section 29-04-03.1(1) requires a prosecution for violations of §§ 12.1-20-03 through 12.1-20-08 or § 12.1-20-11, where the victim was under 18, to begin “within twenty-one years after the commission of the offense or, if the victim failed to report the offense within this limitation period, within three years after the offense was reported to law enforcement authorities.” Under § 29-04-03.1(2), a DNA or fingerprint identification after that period opens three years from the identification.

Section 29-04-03.2 adds that if the victim was under 15, “the applicable period of limitation, if any, does not begin to run until the victim has reached the age of fifteen.” Other felony sex offenses carry seven years under § 29-04-02.1, and misdemeanors two years under § 29-04-03. A civil claim does not depend on any prosecution.

Working Through a North Dakota Claim

Dates drive both periods, so start there: the survivor’s date of birth, the dates of each act, and when any injury was recognized. A lawyer can then answer:

  1. For childhood abuse, when did the claim accrue, and does the age-15 rule in § 28-01-25.1(2) apply?
  2. For an adult assault, when does the nine-year period in § 28-01-25.2 end?
  3. Is any defendant the State, a state employee, or a political subdivision, and how do immunity rules apply?
  4. Will the claim against a school, church, or employer be brought within the § 28-01-25.1 period?
  5. Was the abuse reported to law enforcement, and when?
  6. Does the firm represent the Diocese of Fargo, the Diocese of Bismarck, or an insurer that may be a defendant?

Attorney Firms

North Dakota has a small legal market. The state’s most complex and high-value institutional sexual abuse cases are frequently handled by national firms with admitted local counsel, in addition to regional plaintiff firms.

(1) Larson Law Firm, P.C.

North Dakota-based plaintiff firm with personal injury and civil rights practice. Handles sexual assault civil claims statewide, including cases involving negligent security, institutional failures, and direct perpetrator claims. Free confidential consultation, contingency fee.

(2) Nix Patterson, LLP

  • Location: National practice serving North Dakota (primary offices in Austin, TX and Bismarck, ND area)
  • Phone: 512-328-5333
  • Website: https://nixlaw.com

National contingency-fee firm with track record in institutional sexual abuse litigation. Previously secured a $3.5 million judgment against a school for 14 women abused by a teacher’s assistant. Handles claims involving schools, religious organizations, and other institutions throughout North Dakota. Free confidential consultation, contingency fee.

(3) Herman Law

Nationally recognized firm with 35+ years dedicated exclusively to sexual abuse survivor representation. Founder Jeff Herman secured a landmark $100 million verdict. Represents survivors throughout all 50 states, including North Dakota, against institutional defendants including schools, churches, Boy Scouts of America, and healthcare providers. Free confidential consultation, contingency fee.

(4) Levy Konigsberg LLP

Nationally recognized institutional abuse firm with $3B+ in sexual abuse compensation recovered over 3 decades. Actively litigating cases against Catholic dioceses, juvenile detention facilities, foster care systems, and schools nationwide. Handles North Dakota claims including against the Diocese of Fargo and Diocese of Bismarck. Free confidential consultation, contingency fee.

(5) Sand Law, PLLC

North Dakota-based firm with offices across the state handling personal injury including sexual assault civil claims. Statewide reach with ability to accommodate clients in remote areas. Free consultation, contingency fee.

Frequently Asked Questions

I was abused at 9 and I am now 30. Is my North Dakota claim still open?

Possibly. Under § 28-01-25.1, the twenty-one-year period for abuse before age 15 does not begin until 15, which points to age 36 if the claim accrued then. A lawyer should confirm the accrual date.

How long does an adult have to sue for sexual assault?

Nine years after the date of the act, under § 28-01-25.2.

Is the deadline different if the State is the defendant?

No. Section 28-01-22.1(3) applies the same nine-year and twenty-one-year periods, with the same age-15 rule, though immunity questions remain.

Can abuse I never reported still be prosecuted?

If the twenty-one years in § 29-04-03.1(1) have passed without a report, a prosecution may begin within three years after the offense is reported to law enforcement.

Support and Reporting Lines

Sources