What Is Michigan’s Sexual Assault Statute of Limitations?

The Michigan sexual assault statute of limitations depends on two things: whether you are talking about criminal charges or a civil lawsuit, and which degree of criminal sexual conduct is involved. First-degree criminal sexual conduct has no prosecution deadline at all. Second- and third-degree charges must be filed within 15 years or by the victim’s 42nd birthday, whichever is later. Fourth-degree charges and assault with intent to commit CSC carry a 10-year deadline or until the victim turns 21, whichever is later. On the civil side, adult survivors generally have 10 years to sue, and survivors of childhood abuse have until age 28 or three years from discovering the injury.

Criminal Deadlines by Degree

Michigan places first-degree criminal sexual conduct in the same category as murder: prosecutors can file charges at any time, with no deadline.¹ First-degree CSC covers the most serious conduct, including penetration accomplished through force, by someone in a position of authority, or against a victim younger than 13.

Second-degree and third-degree CSC carry a 15-year window. Charges must be filed within 15 years of the offense or by the victim’s 42nd birthday, whichever comes later.¹ Second-degree CSC generally involves sexual contact (rather than penetration) accomplished through force or coercion. Third-degree CSC covers penetration under circumstances that don’t meet the first-degree threshold.

Fourth-degree CSC and assault with intent to commit criminal sexual conduct carry a shorter 10-year window: 10 years from the offense or until the victim’s 21st birthday, whichever is later.¹ Fourth-degree CSC is the least severe criminal charge and typically involves sexual contact accomplished through force or involving a victim between 13 and 15.

The victim-age floor matters most for young survivors. A 10-year-old victim of third-degree CSC would have until age 42 to see charges filed, well beyond the standard 15-year count from the offense date. For a fourth-degree offense against a young child, the age-21 deadline can extend the window past the straight 10-year count.

When the Clock Pauses or Restarts

Two exceptions can keep criminal cases alive beyond the standard deadlines.

If investigators recover DNA from an unidentified suspect, charges can be filed at any time while that suspect remains unknown. Once a DNA match identifies the person, a fresh deadline begins: 15 years for second- or third-degree CSC (or until the victim’s 42nd birthday), and 10 years for fourth-degree CSC (or until the victim’s 21st birthday).¹

Time spent outside Michigan also doesn’t count. If the person charged does not publicly reside in the state, the clock pauses while they are gone and picks up when they return.¹ A six-year stay in another state effectively adds six years to the available filing window.

Civil Lawsuits for Adult Survivors

Michigan gives adult survivors 10 years to sue for damages arising from criminal sexual conduct. That is far longer than the three-year window that applies to most personal injury claims, and the longer deadline controls when the underlying harm fits the CSC definition.

You do not need a criminal conviction to bring a civil case. You do not even need to have reported the assault to police. The statute explicitly states that it doesn’t matter whether a prosecution was ever brought or, if one was, whether it resulted in a conviction.² Many survivors assume the generic three-year personal injury deadline applies and abandon a civil claim years before it would actually expire.

Civil Lawsuits for Survivors of Childhood Abuse

A separate statute, MCL 600.5851b, governs civil claims by people who were sexually assaulted as minors. A survivor can sue at any time before whichever of the following is later:

Their 28th birthday, or
Three years after they discover, or reasonably should have discovered, both the injury and its causal connection to the sexual conduct.³

The discovery rule is the stronger of the two. The Michigan Supreme Court has clarified that it does not simply add three years at the end of an existing deadline; it changes when the clock starts. A survivor who doesn’t connect their psychological injuries to childhood abuse until age 40 would have three years from that point to file. The same framework applies whether the lawsuit targets an individual perpetrator or an institution.³

One limit: the Michigan Supreme Court has held that this discovery rule does not reach back to revive claims that had already expired under earlier law before the 2018 statute took effect.⁴

Claims Against State Government Face a Six-Month Notice Deadline

If the abuser was a state employee or the abuse occurred on state property, you must file a written notice with the Court of Claims within six months of the event giving rise to the claim before suing the State of Michigan. The notice must spell out when and where the claim arose, describe the harm in detail, and identify the specific state department or agency involved.⁵

Six months is dramatically shorter than the 10-year civil window that applies to claims against private parties. Missing it can bar the lawsuit even when the underlying claim would otherwise be timely. If a state institution may share responsibility, treat the notice as the first deadline on the calendar.

Which Version of the Law Applies to Older Offenses

The current tiered criminal structure, with 15-year deadlines for second- and third-degree CSC and 10-year deadlines for fourth-degree CSC, comes from Public Act 268 of 2024, which took effect April 2, 2025.⁶

These expanded time limits apply only to offenses committed on or after April 2, 2025. The amendment is not retroactive.⁶ For an offense that occurred earlier, the deadlines in effect at the time of the offense control. Working out which version governs an older case usually calls for a lawyer familiar with the transitional rules.

If a Deadline Has Already Passed

Michigan runs a Crime Victim Compensation program through the Department of Health and Human Services that can help cover medical expenses, counseling, and lost wages tied to an assault. Applications go to the Division of Victim Services and generally require your date of birth, Social Security number, and a copy of the police report if one exists.⁷ The program has its own eligibility rules and timelines separate from the criminal and civil deadlines above, so it can remain an option after litigation windows have closed.

1
Michigan Legislature. Michigan Compiled Laws 767.24 – Indictment, Crimes, Time of Filing, Limitations
2
Michigan Legislature. Michigan Compiled Laws 600.5805 – Injuries to Persons or Property, Period of Limitations
3
Michigan Supreme Court. McLain v Lobert
4
Michigan Courts. Sexual Assault Benchbook – Civil Remedy Available for Victims of Sexual Assault
5
Michigan Legislature. Michigan Compiled Laws 600.6431 – Claims Against the State, Filing Requirements
6
Michigan Legislature. Michigan 2024 Public Act 268
7
State of Michigan. Applying for Compensation