Utah Sexual Assault Attorney Guide

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Utah lets a survivor of childhood sexual abuse sue the person who committed it “at any time,” but gives only four years after age 18, or four years after discovery, against anyone else, and the statute defines that “anyone else” around family and household members. The 2016 window that tried to revive older claims was struck down by the Utah Supreme Court in Mitchell v. Roberts in 2020, although its text is still printed in the Code. A claim for an assault on an adult falls under Utah’s general limitation sections, which set one year for some claims and four years as the residual period. This guide explains those rules, the criminal deadlines, and five firms listed for Utah.

Call 911 if you or someone else is in danger. The Utah Coalition Against Sexual Assault lists a 24/7 statewide sexual assault helpline at 801-736-4356 (Español: 801-924-0860), and the National Sexual Assault Hotline is 1-800-656-4673.

The Utah Code text and the Mitchell decision below are quoted from CHILD USA’s analysis, which reports checking them against the Utah Legislature’s official code on September 5, 2026; §§ 78B-2-302 and 78B-2-307 are from FindLaw’s text dated January 1, 2025. The page gives general information about Utah law and does not assess a particular claim.

Against the Abuser: No Deadline

Utah Code § 78B-2-308(3)(a) provides: “A victim may file a civil action against a perpetrator for intentional or negligent sexual abuse suffered as a child at any time.”

Under § 78B-2-308(6), as CHILD USA describes it, an action may be brought only against a living individual who intentionally perpetrated the abuse, would be criminally responsible for it, or negligently permitted it. The abuser’s death ends the claim against the abuser. Under Mitchell v. Roberts, described below, the “at any time” rule cannot revive a claim that had already expired under the earlier law.

Against Others: Four Years

Section 78B-2-308(3)(b) allows a civil action against a non-perpetrator “(i) within four years after the individual attains the age of 18 years; or (ii) if a victim discovers sexual abuse only after attaining the age of 18 years, that individual may bring a civil action for such sexual abuse within four years after discovery of the sexual abuse, whichever period expires later.” The ordinary deadline is the 22nd birthday.

The section’s definition of “negligently” in § 78B-2-308(2)(e) is limited to a failure to stop or report the abuse by a parent, stepparent, guardian, other listed relative, “or any individual cohabiting in the child’s home.” CHILD USA reads this to mean that a teacher, coach, or clergy supervisor is not within the non-perpetrator claim, and that a school district or diocese is neither an “individual” nor within the list. A claim against an organization would then depend on Utah’s general limitation sections, set out under “Assault on an Adult” below. CHILD USA found no Utah authority settling the point, so it is the first question for a lawyer.

Two further provisions help survivors. Under § 78B-2-308(4), the victim need not show which act in a series caused the injury, and discovery may be counted from the last act by the same perpetrator. Under § 78B-2-308(5), a custodial parent’s or guardian’s knowledge is not imputed to a child.

The 2016 Window and Mitchell v. Roberts

Subsection (7) provided that a claim against the abuser “that was time barred as of July 1, 2016, may be brought within 35 years of the victim’s 18th birthday, or within three years of the effective date of this Subsection (7), whichever is longer.”

In Mitchell v. Roberts, 2020 UT 34, decided June 11, 2020, the Utah Supreme Court held: “We hold that the Utah Legislature is constitutionally prohibited from retroactively reviving a time-barred claim in a manner depriving a defendant of a vested statute of limitations defense.” The court concluded that “Utah Code section 78B-2-308(7) is an unconstitutional exercise of legislative power,” and noted that the people of Utah “retain the power to amend the Utah Constitution.”

Subsection (7) is still printed in the Code under a heading that mentions a “Window for revival of time barred claims,” but after Mitchell it does not revive expired claims.

Assault on an Adult

Section 78B-2-308 covers sexual abuse suffered as a child. For an adult, two general sections frame the question. Section 78B-2-302(4) allows one year “for libel, slander, false imprisonment, or seduction”; assault and battery are not on that list. Section 78B-2-307(4) allows four years “for relief not otherwise provided for by law.” The text quoted here is the FindLaw version dated January 1, 2025. Which section governs a particular claim, and whether a false imprisonment count brings in the one-year period, is a question for a lawyer to answer early.

Criminal Deadlines

Prosecution is the state’s decision. Under Utah Code § 76-1-301(2), as CHILD USA reports, prosecution may be commenced at any time for rape, rape of a child, object rape, object rape of a child, forcible sodomy, sodomy on a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault, among other offenses.

Section 76-1-301.1, added in 2020, provides: “The statute of limitations for a felony violation of Section 76-5-401 or 76-5-401.2 is 10 years from the time the victim reaches the age of 18.” Those sections cover unlawful sexual activity with a minor and unlawful sexual conduct with a 16- or 17-year-old, so the deadline for those charges is the victim’s 28th birthday. Other felonies fall under the general periods in § 76-1-302. A civil claim does not depend on any prosecution.

Naming the Right Defendant in Utah

In Utah the identity of the defendant sets the deadline. Note the abuser’s identity and whether the abuser is living, every adult in the home who knew, and any organization involved, together with the survivor’s date of birth. Then raise these questions:

  1. Is the abuser living, so that a claim under § 78B-2-308(3)(a) can be brought?
  2. Did a parent or household member fail to stop or report the abuse, and is the four-year period in § 78B-2-308(3)(b) still open?
  3. For a school, church, or other organization, which general tort limitation applies, given the definitions in § 78B-2-308(2)(e) and (6)?
  4. For an adult assault, which period applies and when did it begin?
  5. Does the firm represent the Diocese of Salt Lake City, a school district, or an insurer that may be a defendant?

Attorney Firms

(1) Callister Nebeker & McCullough (personal injury / civil rights)

Utah civil litigation firm handling sexual abuse cases including institutional and individual perpetrator claims. Statewide practice.

(2) Siegfried & Jensen

Utah-based personal injury firm with sexual abuse practice. Handles survivor claims including institutional negligence cases. Free confidential consultation, contingency fee.

(3) Herman Law

Nationally recognized firm. Active against the Diocese of Salt Lake City and other Utah institutional defendants. Tracks Utah’s no-SOL perpetrator rule and institutional claim windows. Free confidential consultation, contingency fee.

(4) Levy Konigsberg LLP

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

(5) Moxie Law Group

Utah plaintiff firm handling sexual abuse cases, including claims involving healthcare providers, employers, schools, and churches. Free confidential consultation, contingency fee.

Frequently Asked Questions

I was abused by a relative as a child and I am now 50. Can I still sue?

Possibly, against the relative who committed the abuse, if that person is living: § 78B-2-308(3)(a) allows a claim “at any time.” But under Mitchell v. Roberts (2020), a claim that had already expired before the “at any time” rule took effect cannot be revived, so a lawyer should check whether your claim was still timely when the rule changed.

Can I sue my mother for not stopping the abuse?

A parent who knew or reasonably should have known and failed to act falls within § 78B-2-308(2)(e), but the claim must be brought within four years after age 18 or four years after discovery, whichever is later.

Does the 2016 revival window still apply?

No. In Mitchell v. Roberts (2020), the Utah Supreme Court held that subsection (7) is unconstitutional, even though it remains printed in the Code.

Can rape of a child be prosecuted decades later?

Yes. Rape of a child is listed in § 76-1-301(2), which allows prosecution at any time.

Support and Reporting Lines

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