Sexual Assault Attorneys in New Mexico: Your Complete Legal Guide

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New Mexico gives a survivor of childhood sexual abuse until the 24th birthday to sue, or three years from the first time the survivor disclosed the abuse to a licensed medical or mental health care provider while receiving care, whichever is later. That disclosure route has no age limit, but it is narrow: telling family, police, or clergy does not start it. Two bills that would have lengthened the deadline and revived old claims died in 2025 and 2026. A person injured as an adult has the general three-year period for injury to the person. On the criminal side, a 2026 law, S.B. 41, removed the time limit for second degree criminal sexual contact of a minor and second degree criminal sexual penetration. This guide covers those rules and six firms that represent survivors in New Mexico.

If you are in danger, dial 911. The New Mexico Coalition of Sexual Assault Programs runs a 24/7 toll-free sexual assault helpline in English and Spanish at 844-667-2457 (call or text), and the National Sexual Assault Hotline is 1-800-656-4673.

The statutes and bill histories below are quoted from CHILD USA’s analysis, which reports reading the Legislature’s final enacted text of S.B. 41 and checking the other sections on September 5, 2026; the adult period in § 37-1-8 is from FindLaw’s text dated January 1, 2024. This page gives general information about New Mexico law and does not evaluate any individual claim.

Childhood Abuse: Age 24 or Three Years After Disclosure to a Provider

N.M. Stat. § 37-1-30(A) provides: “An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates: (1) the first instant of the person’s twenty-fourth birthday; or (2) three years from the date that a person first disclosed the person’s childhood sexual abuse to a licensed medical or mental health care provider in the context of receiving health care from the provider.”

“Childhood sexual abuse” under § 37-1-30(B) means conduct that would violate the statutes on criminal sexual penetration of a minor, criminal sexual contact of a minor, or the Sexual Exploitation of Children Act. Section 37-1-30(C) adds that “[t]he provisions of Section 37-1-8 NMSA 1978 and any statutes of limitation therein shall not apply to causes of action for childhood sexual abuse.”

What Counts as Disclosure

The second date requires disclosure to “a licensed medical or mental health care provider in the context of receiving health care from the provider.” CHILD USA notes that disclosure to a family member, a lawyer, clergy, a police officer, or a school counselor who is not a licensed provider does not start the three years. A survivor who first tells a licensed therapist at 50 has until 53; a survivor who has told only friends has not yet triggered that route.

The date and setting of the first qualifying disclosure, and any record of it, are therefore central evidence. CHILD USA notes that the 2017 amendment that set this rule did not address claims already barred under the earlier version, so an older claim should be checked against that version first.

Reform Bills That Died

CHILD USA reports two failed attempts to change the civil rule. H.B. 73 (2025) would have removed the deadline and applied the change to expired claims; it passed the House 65 to 0 and died in Senate Judiciary. H.B. 151 (2026) would have extended the deadline to the 58th birthday and opened a revival window to June 30, 2029; it was postponed indefinitely. No revival provision exists in New Mexico law.

Adult Survivors and Public Entities

Section 37-1-30 covers childhood abuse only. For an adult, § 37-1-8 provides that actions “for an injury to the person or reputation of any person” must be brought “within three years.” The text quoted here is the FindLaw version dated January 1, 2024. Claims against public schools, police departments, and other government bodies follow the New Mexico Tort Claims Act, whose notice and filing rules this page does not set out. A survivor with a claim against a public body should raise the Tort Claims Act at the first meeting.

Criminal Deadlines After S.B. 41 (2026)

Prosecution is the state’s decision. CHILD USA reports that S.B. 41, Laws 2026, chapter 21, signed March 4, 2026 and effective May 20, 2026, amended N.M. Stat. § 30-1-8:

  • No limit (§ 30-1-8(H)): capital felonies, first-degree violent felonies, second degree murder, and now second degree criminal sexual contact of a minor and second degree criminal sexual penetration.
  • Six years (§ 30-1-8(A)): other second-degree felonies.
  • Five years (§ 30-1-8(B)): third- and fourth-degree felonies, including lower degrees of criminal sexual contact of a minor.
  • Child victims (§ 30-1-9.1): for abuse of a child, criminal sexual penetration, and criminal sexual contact of a minor, the period “shall not commence to run … until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first.”
  • DNA (§ 30-1-9.2(A)): for criminal sexual penetration, the period does not start until a DNA profile is matched with a suspect.

A civil claim does not depend on any prosecution.

Two Dates to Bring to a New Mexico Lawyer

Two dates control a childhood claim: the 24th birthday and the first qualifying disclosure to a licensed provider. Bring both, with the provider’s name and any treatment records, plus the names of the people and organizations involved. Questions for the lawyer:

  1. When was the abuse first disclosed to a licensed medical or mental health care provider while receiving care, and when do the three years end?
  2. Does the conduct fit the definition in § 37-1-30(B)?
  3. Is any defendant a public school, police department, or government body under the Tort Claims Act?
  4. For an adult assault, which limitation period applies and when did it begin?
  5. Does the firm represent the Archdiocese of Santa Fe, a school district, or an insurer that may be a defendant?

New Mexico Sexual Assault Attorneys

Kennedy Law Firm

Kennedy Law Firm is Albuquerque’s leading civil rights and sexual abuse plaintiff firm. Notable results include a $3 million settlement in a Las Cruces police sexual assault case (covered by Albuquerque Journal and Washington Post), a $3.2 million verdict on behalf of a first-grade student molested by a substitute teacher in the Farmington Municipal School District, and a $44 million jury award for a Las Cruces High School student sexually groomed by her agricultural science teacher Patrick Howard. The firm represents survivors of abuse at border crossings, prisons, public schools, group homes, residential treatment centers, and government-funded institutions. The attorneys travel to meet clients across the state. Free confidential consultation. Contingency fee.

Lane + Linnenburger + Lane LLP

Lane Linnenburger Lane is at the forefront of sexual abuse litigation in New Mexico and the broader region. Founding partner Maggie Lane – recognized by Best Lawyers in 2025 for civil rights and appellate practice – is particularly skilled at representing child victims in civil rights cases involving public and private school settings. She clerked for Senior Justice Patricio M. Serna on the New Mexico Supreme Court and has decades of litigation experience. The firm is actively pursuing cases involving: Robert Apodaca (former Santa Fe Public Schools nurse aide), Professor Joseph Berning (New Mexico State University), Eddie Valtera (former Albuquerque Old Town Boys Club director), Catholic priests in New Mexico and Colorado dioceses, the Church of Jesus Christ of Latter-day Saints, Big Brothers Big Sisters Mountain Region, and Albuquerque Public Schools. The firm has a nationwide network of experts. Free consultation. Contingency fee.

McGinn Montoya Love Curry & Sievers PA

McGinn Montoya Love Curry & Sievers has been representing survivors in New Mexico since 1985, holding insurance companies and institutional defendants accountable. The firm handles sexual abuse cases involving schools, churches, residential facilities, and other organizations. The firm prepares every case for trial from the outset to maximize settlement leverage. Free confidential consultation. Contingency fee.

Egolf + Ferlic + Martinez, LLC

Egolf Ferlic Martinez is a Santa Fe-based survivor-focused firm with offices across New Mexico. The firm handles abuse claims involving churches, synagogues, scout troops, healthcare settings, and private settings. The firm is led by experienced litigation attorneys and has received extensive positive feedback from survivors for its compassionate and professional handling of sensitive cases. Free consultation. Contingency fee.

The Fine Law Firm

The Fine Law Firm provides sexual abuse and assault representation to survivors across New Mexico, handling claims against individual perpetrators and institutional defendants including employers, universities, and property owners with inadequate security. Free confidential consultation. Contingency fee.

Huffman & Monagle, LLC

Established in 1986, Huffman & Monagle is a civil rights and personal injury firm representing survivors of abuse and discrimination. Partner Shayne C. Huffman focuses on civil rights plaintiff work, representing individuals against abuses of institutional power. The firm takes a community-centered, advocacy-oriented approach. Free confidential consultation. Contingency fee.

Frequently Asked Questions

I am 40 and recently told my therapist about abuse I suffered as a child. Can I still sue?

Possibly. If that was your first disclosure to a licensed medical or mental health care provider while receiving care, § 37-1-30(A)(2) gives three years from that date. CHILD USA notes that the 2017 amendment that set this rule did not address claims already barred, so a lawyer should first check whether your claim had expired under the earlier version.

Does telling my family or the police start the three years?

No. The statute requires disclosure to a licensed medical or mental health care provider in the context of receiving health care.

Did New Mexico pass a revival window?

No. H.B. 73 (2025) and H.B. 151 (2026) would have changed the rule, and both died.

Can second degree criminal sexual contact of a minor be prosecuted at any time?

Yes, under § 30-1-8(H) as amended by S.B. 41, effective May 20, 2026.

Support and Reporting Lines

  • Emergency: 911
  • New Mexico Sexual Assault Helpline, 24/7 (English and Español, call or text): 844-667-2457
  • New Mexico Coalition Against Domestic Violence (office): 505-246-9240
  • National Sexual Assault Hotline: 1-800-656-4673

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