Sexual Assault Attorneys in Delaware: Your Complete Legal Guide
If you or someone you love has survived sexual assault in Delaware, this guide explains your legal rights, Delaware’s key laws protecting survivors, and profiles five law firms that represent survivors in civil claims across the state.
Introduction
Delaware has long been regarded as one of the most progressive states in the country for sexual assault survivors seeking civil justice. The state’s Child Victims Act of 2007 was among the earliest in the nation to eliminate the civil statute of limitations for childhood sexual abuse and opened a two-year lookback window that allowed previously time-barred claims to be filed. Delaware law imposes no criminal statute of limitations for any sexual offense. For adult survivors, the civil deadline is two years, but for anyone abused as a minor, Delaware has eliminated the time limit entirely. The state’s courts have also permitted survivors to file under anonymous pseudonyms, and Delaware’s gross negligence standard for institutional claims has been tested and upheld by the Delaware Supreme Court. The combination of no criminal SOL, no civil SOL for child abuse, and a strong track record of high-value settlements makes Delaware one of the most favorable jurisdictions in the country for survivors.
Delaware Sexual Assault Laws
Definitions and Criminal Offenses
Delaware’s sexual offense statutes are codified in Title 11, Part II, Subchapter VII of the Delaware Code.
Rape in the First Degree (11 Del. C. § 772) involves sexual intercourse with a victim under 12, or with any victim while using force or displaying a deadly weapon, or where the victim suffers serious physical injury. It is an unclassified felony carrying a minimum sentence of 25 years up to life in prison.
Rape in the Second Degree (11 Del. C. § 773) covers sexual intercourse with a victim under 12 by an adult, or with a victim under 16 by a person in a position of trust. It is a Class B felony carrying 2 to 25 years.
Rape in the Third Degree (11 Del. C. § 774) covers sexual intercourse with a victim age 12 or 13 where the actor is at least 19, or a victim 15 or younger where the actor is at least 10 years older. It is a Class B felony.
Rape in the Fourth Degree (11 Del. C. § 775) is the broadest rape offense, covering non-consensual intercourse under other circumstances including intoxication, mental incapacity, or institutional authority. It is a Class C felony carrying up to 15 years.
Unlawful Sexual Contact is divided into three degrees (§§ 767-769) covering non-consensual sexual contact under various circumstances, ranging from Class A misdemeanor to Class D felony depending on the use of force, victim age, and other factors.
Delaware’s age of consent is 18. However, there are close-in-age exceptions permitting sexual contact between minors and those up to 4 years older in some circumstances.
Statutes of Limitations
Criminal SOL
Delaware has no criminal statute of limitations for any sexual offense. Under 11 Del. C. § 205, a prosecution for any sexual offense may be commenced at any time. This is one of only a small number of states with this comprehensive rule.
Civil SOL
Delaware’s civil SOL framework has two distinct tiers:
For adult survivors (18 or older at time of assault), the civil SOL is 2 years from the date of the assault under 10 Del. C. § 8119. Under the 2019 amendment (Senate Bill 36), adult survivors received an extended window of 7 years from the date of the act or 7 years after discovery that the trauma caused harm. Attorneys should be consulted to assess whether this extended period applies to specific cases.
For childhood sexual abuse (victim under 18 at time of abuse), Delaware has eliminated the civil statute of limitations entirely under 10 Del. C. § 8145 (the Child Victims Act). Survivors can file a civil claim at any time, regardless of when the abuse occurred, provided the abuse took place after July 9, 2005. The 2007 law also opened a two-year lookback window (July 2007 through July 2009) during which previously time-barred claims could be filed.
An important caveat: under 10 Del. C. § 8145(b), suing institutions (as opposed to the individual perpetrator) for childhood sexual abuse requires proving gross negligence, a higher standard than ordinary negligence. The Delaware Supreme Court upheld this standard in Sheehan v. Oblates of St. Francis de Sales (2011). In 2025, the Delaware General Assembly was considering HB 75, which would extend the lookback window to cover abuse occurring before July 9, 2005. Survivors whose abuse predates that cutoff should consult an attorney about any developments in this pending legislation.
Top 5 Sexual Assault Attorneys in Delaware
1. Jacobs & Crumplar, P.A.
Phone: (302) 656-5445 | (800) 355-1818
Website: https://www.jcdelaw.com
Address: 10 Corporate Circle, Suite 301, New Castle, DE 19720 (relocated April 2024)
Attorneys: Robert Jacobs, Thomas C. Crumplar, Patrick C. Gallagher, Nicole M. Evans, Andrea G. Green, Courtney R. Prinski
Jacobs & Crumplar is Delaware’s most prominent sexual abuse litigation firm, litigating childhood sexual abuse and sexual assault cases since 2004 against individuals and institutions including Catholic churches, other religious organizations, public and private schools, and physicians. The firm won the largest verdict against a church in United States history and has tried more civil clergy abuse cases to verdict than any other attorney in Pennsylvania and Delaware. The Delaware Superior Court has permitted their clients to proceed under anonymous pseudonyms in multiple cases, including the landmark John Yoe #1 v. Catholic Diocese of Wilmington. The firm also secured a ruling confirming that the Child Victims Act eliminated the SOL on all claims including those against institutions. Free consultations; contingency fee basis.
2. Dalton & Associates, P.A.
Phone: (302) 549-0093
Website: https://www.dalton.law
Address: Cool Spring Meeting House, 1106 West Tenth Street, Wilmington, DE 19806
Attorneys: Bartholomew J. Dalton, Andrew C. Dalton, Michael C. Dalton, Connor C. Dalton, Sarah G. Klein, Laura J. Simon, Stephen D. Brinton, Jessica L. Needles, Megan N. Kinley
Dalton & Associates is a Wilmington trial firm founded in 1987 with one of the most significant sexual abuse litigation track records in Delaware history. Bart Dalton led the efforts that resulted in the Roman Catholic Diocese of Wilmington settling 142 claims for $77 million in 2011, with individual awards ranging from $250,000 to $3 million. From 2009 to 2014, the firm represented children abused by convicted pedophile pediatrician Dr. Earl Bradley, resulting in a $123 million settlement in 2012 — the largest sexual abuse settlement in Delaware history. In 2018, Bart Dalton was a lead attorney in the $500 million settlement against Michigan State University and Dr. Larry Nassar. The firm also represents survivors in ongoing litigation involving Pennsylvania pediatrician Dr. Johnnie Barto. Attorneys recognized by Best Lawyers in America and Delaware Super Lawyers. Free consultations available.
3. Murphy & Landon
Phone: (302) 472-8100
Website: https://www.msllaw.com
Address: Wilmington, DE
Attorneys: Francis J. Murphy, Roger D. Landon, Philip T. Edwards, Lauren A. Pisapia Cirrinicione, Scott M. Himelein
Murphy & Landon is a Wilmington plaintiff firm with a dedicated crime victims and sexual abuse practice. The firm represents survivors of sexual abuse in direct claims against perpetrators and in claims against negligent third-party defendants including massage spas, churches, schools, and businesses. Philip Edwards and Lauren Cirrinicione are members of the National Crime Victim’s Bar Association. The firm pursues claims where institutions hid the abuse or protected the abuser. Multimillion-dollar recovery record in civil cases. Complimentary consultations; contingency fee basis. Bilingual services available in Spanish.
4. Barros, McNamara, Malkiewicz & Taylor
Phone: Dover (302) 734-8400 | Seaford (302) 628-9504 | Lewes (302) 856-3319
Website: https://www.firststatelawyers.com
Offices: Dover, Seaford, Lewes, DE
Attorneys: Robert J. Taylor, J. Jay Lazzeri, Michael J. Malkiewicz, David J. Bever
Barros, McNamara, Malkiewicz & Taylor is a multi-office Delaware plaintiff firm serving survivors statewide from offices in Dover, Seaford, and Lewes. The firm handles sexual abuse civil claims and notes that adult claims are subject to a two-year SOL while child abuse claims have no time limit under the Delaware Child Victims Act. More than 100 years of combined attorney experience. Free consultations; no fees until the firm wins. The firm’s coverage of southern Delaware provides access for survivors outside the Wilmington metro area.
5. The Sharma Law Firm
Phone: See website
Website: https://amansharmalaw.com
Address: Wilmington, DE
Attorney: Aman Sharma, Esq.
Aman Sharma is a Wilmington attorney and former prosecutor who represents Delaware sexual abuse and sexual assault survivors in civil claims. Attorney Sharma has prosecuted hundreds of criminal cases and brings that prosecutorial experience to civil representation. The firm handles claims against individuals and institutions including religious organizations, schools, and employers, and pursues compensation for medical bills, therapy costs, lost income, and pain and suffering. Free consultations available.
Frequently Asked Questions
Is there really no time limit to sue for childhood sexual abuse in Delaware?
For abuse that occurred after July 9, 2005, there is no civil statute of limitations. The Child Victims Act of 2007 eliminated the time bar entirely. A pending bill (HB 75) seeks to extend this protection to abuse that occurred before July 9, 2005. For abuse predating that cutoff, consult an attorney immediately to assess eligibility.
What is the gross negligence standard for institutional claims?
When suing an institution (church, school, youth organization) rather than the individual perpetrator, Delaware law requires proving gross negligence. This is a higher standard than ordinary negligence. The Delaware Supreme Court upheld this requirement in 2011. An experienced attorney can assess whether your case meets this threshold.
Can I file under a pseudonym?
Yes. Delaware courts have repeatedly permitted survivors of childhood sexual abuse to file under pseudonyms such as “John Doe” or “Jane Doe.” Jacobs & Crumplar has successfully used this approach in multiple cases.
Do I need a criminal conviction to file a civil lawsuit?
No. Civil and criminal cases are completely separate. You can file a civil claim regardless of whether criminal charges were filed, and regardless of the outcome of any criminal proceeding.
Closing
Delaware’s elimination of the civil SOL for childhood sexual abuse and the absence of any criminal SOL for sexual offenses make it one of the most survivor-accessible states in the country. The firms listed above offer free, confidential consultations and take cases on a contingency basis.
For immediate crisis support, contact the RAINN National Sexual Assault Hotline at 1-800-656-4673, available 24 hours a day, 7 days a week. Delaware’s statewide crisis line is operated by the Delaware Coalition Against Domestic Violence at 302-762-6110.