Statute of Limitations Overview

Criminal SOL

South Dakota has no criminal statute of limitations for first-degree rape. For other serious sex offenses, varying SOL periods apply. DNA evidence exceptions apply to extend prosecution when DNA identification occurs.

Civil SOL

South Dakota’s civil SOL has a significant age-40 institutional liability cut-off that creates an important strategic distinction between claims against perpetrators and claims against institutions.

Child survivors – general deadline: 3 years from the date of the incident OR 3 years from the date the victim discovers that the injury or condition was caused by the abuse, whichever is later. The discovery rule clock runs from when the survivor discovers the causal connection between the abuse and resulting injury, not merely from when they remember the abuse.

Age-40 institutional cap: Once a survivor reaches age 40, claims may only be brought directly against the individual perpetrator. Claims against institutions (schools, churches, youth organizations) for enabling or concealing abuse are barred after age 40. This is a critical distinction: survivors over 40 retain direct perpetrator claims but lose institutional liability claims.

Adult survivors: 3 years from the date of the incident or discovery of injury, whichever is later.

No lookback window as of February 2026.

Institutional Liability

South Dakota allows institutional liability claims under negligent hiring, supervision, and retention theories, but these claims are subject to the age-40 cap. The Diocese of Sioux Falls and Diocese of Rapid City have disclosed credibly accused clergy. Claims against these institutions must be filed before the survivor turns 40 to preserve institutional liability.

Attorney Firms

(1) Tucker James Volesky, Attorney at Law

Location: Huron and Mitchell, SD (statewide)
Phone: 605-800-6411
Website: https://volesky.com

South Dakota plaintiff attorney handling personal injury, civil litigation, and sexual abuse cases statewide. Tucker Volesky serves clients across South Dakota including Sioux Falls, Huron, Mitchell, Brookings, and Watertown. Named to Super Lawyers Rising Stars list. Handles civil claims against perpetrators and institutions in state and federal courts. Free consultation. Contingency fee basis.

(2) Herman Law

Location: National practice (active in South Dakota)
Phone: 800-976-8552
Website: https://hermanlaw.com

Nationally recognized firm. Handles South Dakota claims including against the Diocese of Sioux Falls and Diocese of Rapid City. Tracks South Dakota’s age-40 institutional cap for strategic case evaluation. Free confidential consultation, contingency fee.

(3) Levy Konigsberg LLP

Location: National practice (active in South Dakota)
Phone: 800-315-3806
Website: https://levylaw.com

Nationally recognized institutional abuse firm, $3B+ recovered. Active against South Dakota Catholic dioceses and institutional defendants. Free confidential consultation, contingency fee.

(4) TFNL Group

Location: National practice (active in South Dakota)
Website: https://tfnlgroup.com

National team with dedicated sexual abuse practice. Handles South Dakota institutional claims. Free confidential consultation, contingency fee.

Important Context

Age-40 institutional cap is the critical strategic factor: South Dakota survivors approaching age 40 with potential institutional claims must consult an attorney immediately. The window to name institutional defendants closes at 40 even if perpetrator claims remain viable. Acting promptly before turning 40 is essential for survivors with institutional liability claims.

Discovery rule significance: The 3-year discovery rule can extend the SOL meaningfully when survivors are only now connecting their psychological injuries to prior abuse. Consult an attorney to assess whether the discovery rule applies to your specific situation.

Crisis resources: South Dakota Coalition Ending Domestic & Sexual Violence: 605-945-0869 | 24-hour hotline: 800-430-7233