Sexual Assault Attorneys in Nebraska: Your Complete Legal Guide
Nebraska has a split civil framework that is unusually favorable in one critical area – direct perpetrator claims for childhood sexual abuse – while remaining restrictive for institutional claims and adult survivor claims. For childhood sexual assault meeting specific felony definitions, Nebraska imposes no statute of limitations on civil claims against the direct abuser for abuse occurring on or after August 24, 2017. Institutional claims (against schools, churches, employers, and organizations) must be filed by age 33. Adult survivors face a shorter window of one to four years depending on how the claim is framed. Nebraska’s criminal law also eliminates the SOL for the most serious sexual offenses, particularly first-degree sexual assault and all sexual offenses against minors. Legislative efforts to further extend institutional claim deadlines have faced opposition and setbacks, with a key reform bill indefinitely postponed in April 2024 after the sponsoring senator’s death.
Understanding Nebraska Sexual Assault Laws
Criminal Statutes of Limitations
Nebraska law imposes no criminal statute of limitations for the most serious sexual offenses. Under Neb. Rev. Stat. § 29-110(11), there is no time limit for prosecution of:
First-degree sexual assault (Neb. Rev. Stat. § 28-319): No criminal SOL.
Second-degree sexual assault (Neb. Rev. Stat. § 28-320): No criminal SOL.
Sexual assault of a child, first degree (Neb. Rev. Stat. § 28-319.01): No criminal SOL.
Sexual assault of a child, second and third degree (Neb. Rev. Stat. § 28-320.01): No criminal SOL.
Third-degree sexual assault of a victim under age 16 (Neb. Rev. Stat. § 28-320): No criminal SOL.
Incest (Neb. Rev. Stat. § 28-703): No criminal SOL.
Sex trafficking of a minor (Neb. Rev. Stat. § 28-831): No criminal SOL.
For adult second and third-degree sexual assault not involving a victim under 16, a criminal SOL of 18 months from the date of the offense applies. For misdemeanor sexual assault, the SOL is 18 months.
Civil Statutes of Limitations
Childhood sexual assault – no SOL against direct perpetrator:
Under Neb. Rev. Stat. § 28-113, there is no civil statute of limitations for claims against the individual who directly committed first-degree or second-degree sexual assault of a child, first-degree sexual assault of a child under § 28-319.01, or sexual assault of a child in the second or third degree under § 28-320.01. This no-limitation rule applies to assaults occurring on or after August 24, 2017, and to earlier assaults that were not already time-barred on that date. If your claim was still legally alive on August 24, 2017 – meaning it had not already expired – the no-limitation rule applies, and you can sue the direct perpetrator at any time.
Childhood sexual assault – institutional claims:
Claims against institutions and third parties (schools, churches, employers, organizations) that allowed or enabled the childhood sexual abuse are governed by Neb. Rev. Stat. § 25-228, which requires filing within 12 years after the survivor reaches age 21 – meaning by age 33. This is the most restrictive aspect of Nebraska’s civil framework for childhood abuse. The average age at which childhood sexual abuse survivors come forward is 52, which means the age-33 institutional cap bars most survivors from holding institutions accountable. Legislative efforts to extend this deadline have repeatedly stalled in the Nebraska Unicameral.
Adult survivors:
Nebraska does not have a specific civil statute for adult sexual assault. The applicable deadline depends on how the claim is framed. Assault or battery claims may be subject to a one-year SOL under Nebraska case law interpreting intentional tort provisions. Negligence, negligent supervision, and intentional infliction of emotional distress claims typically carry a four-year limitations period under Nebraska’s general personal injury statutes. Adult survivors should consult an attorney immediately to ensure all viable theories are preserved before any deadline passes.
Discovery rule:
Nebraska’s childhood sexual assault statute includes a discovery provision: survivors who cannot establish which specific act in a series of abusive acts caused their injury are not required to do so. For adult cases, the discovery rule’s application is fact-specific and limited compared to states with an explicit statutory discovery exception.
Government entity claims:
If a state agency, public school, or other government entity may be liable, Nebraska’s Political Subdivisions Tort Claims Act and State Tort Claims Act impose pre-claim notice requirements and a two-year filing deadline for institutional claims. These procedural requirements must be strictly followed before a lawsuit can be filed. Consult an attorney immediately if a government entity is involved.
No criminal conviction required:
Civil claims may proceed regardless of whether any criminal charges were filed or resulted in conviction.
Nebraska Sexual Assault Attorneys
Welsh & Welsh, PC LLO
Address: Omaha, NE
Website: https://welsh-law.com
Phone: 402-552-8760
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
Address: Omaha, NE
Website: https://justiceyoudeserve.com
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)
Address: Primary office: 366 Jackson Street, Suite 100, St. Paul, MN 55101
Phone: (651) 227-9990
Website: https://www.andersonadvocates.com
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)
Website: https://www.levylaw.com
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.
Key Considerations for Nebraska Survivors
No civil SOL against the direct abuser for qualifying childhood sexual assault. For sexual assaults that meet Nebraska’s felony definitions under §§ 28-319, 28-319.01, and 28-320.01, there is no time limit to sue the perpetrator directly – provided the claim was not already expired before August 24, 2017.
Institutional claims must be filed by age 33. The 12-years-after-21 institutional deadline under § 25-228 is Nebraska’s most significant restriction. Survivors wishing to hold a school, church, employer, or organization accountable must file before turning 33, regardless of when they were ready to come forward.
Adult survivors should act within one to four years. The applicable deadline for adult survivor claims depends on the legal theory. Assault/battery claims may carry a one-year deadline; negligence-based claims carry four years. Consult an attorney immediately.
Government entities require pre-claim notice. If a public school, state agency, or other government body may be liable, strict notice requirements under Nebraska’s tort claims acts must be met before filing suit. An attorney must be consulted promptly to comply.
No criminal conviction needed for civil recovery. A civil claim can proceed entirely independently of any criminal prosecution.
There is no current revival window in Nebraska. Legislative proposals to open a lookback window or extend institutional claim deadlines have not been enacted. Time-barred institutional claims remain barred.
Frequently Asked Questions
Is there a statute of limitations for childhood sexual assault civil claims in Nebraska?
For direct claims against the individual abuser, no – for qualifying felony-level sexual assault of a child occurring on or after August 24, 2017. For institutional claims (schools, churches, organizations), you must file by age 33 under Neb. Rev. Stat. § 25-228.
I am over age 33 and was abused at a Catholic school as a child. Can I still sue?
Your institutional claim against the school or diocese is likely time-barred unless your claim was already active. Your claim against the direct perpetrator personally may still have no time limit if the abuse meets the felony definitions under Nebraska law. Consult an attorney.
I was assaulted as an adult. How long do I have to file a civil claim?
Potentially one to four years depending on how the claim is framed. Do not wait – consult an attorney as soon as possible to identify the correct deadline and preserve all viable theories.
Does Nebraska have a revival window for previously time-barred claims?
No. Nebraska has not enacted a lookback window. Time-barred claims must rely on individual tolling arguments under existing law.
Do I need a criminal conviction to file a civil lawsuit in Nebraska?
No. Civil and criminal cases are entirely separate.