Massachusetts' Statute of Limitations on Child Abuse

The state of Massachusetts recognizes child abuse as a criminal offense and provides for both the prosecution and civil liability of the accused abuser. The time limit for which a criminal or civil action can be brought against an accused abuser is called a statute of limitations and is outlined is Massachusetts general law.

What is Abuse?

Abuse occurs when a non-accidental act committed by another individual causes physical or emotional injury to the child. Neglect is also a form of abuse and occurs when the child is not provided with adequate food, clothing, shelter or medical care.

Sexual Abuse of a Child

The age of consent in the state of Massachusetts is 16, so any sexual act committed against a child under the age of 16 constitutes sexual abuse. However, any non-consensual sexual act committed against a child under the age of 18 also constitutes sexual abuse.

Statute of Limitations on Filing

The statute of limitations for criminal actions filed against an alleged abuser is 27 years after the incident was first reported or 27 years after the child turned 16. Under the statute of limitations, a civil case must be filed either within three years of the actual act of abuse or three years from the time that the victim understood the act to be abuse.

References

• Mass.gov: Definitions of Child Abuse and Neglect
• Malegislature.gov: Indictments and Proceedings before Trial
• Malegislature.gov: Limitation of Action-Sexual Abuse of Minors