Sexual Assault Attorneys in Delaware: Your Complete Legal Guide

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Delaware’s statute lets a survivor of sexual abuse by an adult while a minor sue “at any time,” with no date cut-off and no age cap written into the section. An adult survivor has two years. Prosecutors face no deadline for nearly every sexual offense, and a separate statute protects survivors and witnesses from lawsuits over good-faith reports. Below are those rules from the Delaware Code, how claims against institutions work, questions for a lawyer, and five firms that represent survivors in Delaware.

In an emergency, call 911. In New Castle County, the Delaware Coalition Against Domestic Violence lists a 24/7 hotline at 302-762-6110, and the National Sexual Assault Hotline is 1-800-656-4673.

Quotations below come from the official Delaware Code Online, read in October 2026, and from the other sources at the end. They describe the law in general and do not evaluate an individual claim.

Abuse as a Minor: “At Any Time” Under 10 Del. C. § 8145

Section 8145(a) reads: “A cause of action based upon the sexual abuse of a minor by an adult may be filed in the Superior Court of this State at any time following the commission of the act or acts that constituted the sexual abuse. A civil cause of action for sexual abuse of a minor shall be based upon sexual acts that would constitute a criminal offense under the Delaware Code.”

CHILD USA notes that the section has no date threshold and no age cap. The conditions in the text are that the abuser was an adult, the survivor was a minor, and the acts would be a crime under the Delaware Code.

A parallel rule covers health-care providers. CHILD USA quotes 18 Del. C. § 6856(3)a: “a cause of action based on the sexual abuse of a child patient by a health-care provider may be brought at any time following the commission of the act or acts that constituted the sexual abuse,” even though that section otherwise sets a two-year period for medical negligence.

Both sections carry the same costs rule: a defendant may recover attorneys’ fees only where the court finds a false accusation made with no basis in fact and with malicious intent, and a defense verdict alone is not that finding.

Institutions: Gross Negligence Applied to Window Claims

Section 8145(a) does not limit who may be sued. The gross negligence standard appears only in subsection (b), the 2007 to 2009 revival window: where the abuser was employed by an institution or other legal entity that owed the victim a duty of care, or the abuser and the minor were engaged in an activity over which the entity had responsibility or control, damages against the entity “shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.” CHILD USA reports the same standard in the health-care provider window under § 6856(3)b. For a timely claim under § 8145(a), the text of the section sets no gross negligence requirement, so the standard of care that applies to an organization is a question of Delaware negligence law.

The Revival Windows Closed in 2009 and 2012

Delaware reopened expired childhood claims twice, and both windows are closed:

  • General window, § 8145(b): “For a period of 2 years following July 9, 2007,” survivors barred by the former limitation period could file in the Superior Court.
  • Health-care provider window, § 6856(3)b: “Through July 13, 2012,” for child patients whose claims had expired, subject to discovery and reporting conditions.

CHILD USA reports that House Bill 75, which would have opened another window, was stricken in the House on July 1, 2026 and did not become law.

Adult Survivors: Two Years Under § 8119

Section 8119 provides: “No action for the recovery of damages upon a claim for alleged personal injuries shall be brought after the expiration of 2 years from the date upon which it is claimed that such alleged injuries were sustained; subject, however, to the provisions of § 8127 of this title.” Section 8127 deals with a separate category of claims that this guide does not cover. No longer adult period appears in § 8119 as published in October 2026.

Protection for Good-Faith Reports: § 8146

Section 8146 deals with a different risk: being sued for speaking up. Under § 8146(b), “No cause of action exists, and no civil liability may be imposed, on a person for a communication made without malice regarding a complaint of sexual assault, harassment, or discrimination.” “Malice” means knowledge that the communication is false or reckless disregard for the truth.

The protection applies to a person with a reasonable basis to complain, whether or not a complaint is filed (§ 8146(c)), and to witnesses (§ 8146(d)). Under § 8146(e), a prevailing defendant in a libel, slander, or similar suit arising from such a communication may be entitled to attorneys’ fees and costs. The covered incidents include any sexual offense defined in 11 Del. C. § 761.

Prosecution Has No Deadline for All but Three Sexual Offenses

CHILD USA quotes 11 Del. C. § 205(e): “a prosecution for any crime that is delineated in § 787 of this title and in which the victim is a minor, subpart D of subchapter II of Chapter 5 of this title, or is otherwise defined as a ‘sexual offense’ by § 761 of this title except § 763, § 764 or § 765 of this title, or any attempt to commit said crimes, may be commenced at any time.” The exceptions are sexual harassment and the two indecent exposure offenses, which keep the general periods in § 205(b).

The same subsection limits proof: no prosecution under it “shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence of the corpus delicti independent of such repressed memory.” The civil rules above do not depend on any prosecution.

What to Work Through With a Delaware Lawyer

The Delaware rules turn on a small set of facts: the survivor’s age at the time, the abuser’s age, whether the abuser worked for or acted under an organization, and whether the claim involves a health-care provider. A first meeting can then focus on:

  1. Does § 8145(a) cover the claim, and which Delaware criminal offense do the acts match?
  2. Which organization owed a duty of care, and what standard of negligence applies to it outside the closed window?
  3. For an adult assault, what is the two-year date under § 8119?
  4. Does § 8146 protect statements the survivor has already made to an employer, school, or others?
  5. Can the case proceed under a pseudonym in the Superior Court?
  6. What will the fee agreement say about expenses advanced by the firm?

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

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

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

I was abused in 1998 at age 11. Does “at any time” apply to me?

Section 8145(a) as published contains no date cut-off, and CHILD USA reads it as having none. The open question for older abuse is whether a claim that expired before the 2007 law needed the 2007 to 2009 window; a lawyer can confirm how Delaware courts have treated abuse from before 2007.

Can I sue the church or school, not only the abuser?

Section 8145(a) does not limit the defendants, so a claim against an organization is possible where Delaware negligence law supports it. The gross negligence requirement in § 8145(b) applied to claims filed in the 2007 to 2009 window.

I was assaulted at 25. How long do I have?

Section 8119 sets two years from the date the injuries were sustained.

Could I be sued for telling my employer what happened?

Section 8146(b) bars liability for a communication about a sexual assault complaint made without malice, meaning without knowing it is false or acting with reckless disregard for the truth.

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