Can You Sue For Sexual Harassment That Took Place Decades Ago?

The recent groping and sexual misconduct allegations swirling around the 2016 U.S. Presidential election have, for many, dredged up unpleasant or painful memories of past harassment or assault. If you find yourself disturbed by these memories or even having trouble functioning due to your troubled thoughts, you may be wondering whether you have any legal options or whether too much time has passed. Read on to learn more about the statutes of limitations governing sexual harassment and assault, as well as some of the challenges you may face when attempting to mount a case against your harasser years after the fact.

Can you sue for sexual harassment or assault that took place decades ago? 

Each state sets forth statutes of limitations for various criminal and civil matters. This is designed to prevent litigants from clogging up court dockets with cases that are likely unwinnable, as well as to protect individuals and businesses from having to spend money defending against claims that should have been litigated years ago. When it comes to sexual harassment and assault, most states have a fairly short statute of limitation—often just a few years. 

However, there is no federal statute of limitation for sexual harassment—so if you're able to argue that your case should be governed by federal law, not state law, you may be able to bring your claim in federal court years or even decades after the fact. This can apply to in-air travel, certain types of interstate travel (like traveling through several states by train or bus) or harassment that takes place on a military base or in another federal building. 

What challenges may you face when bringing this claim? 

Sexual harassment cases are often tough to win—although these civil cases have a lower burden of proof than criminal matters (which require guilt beyond a reasonable doubt), much sexual harassment takes place behind closed doors, where there may be little physical evidence or opportunity for witness testimony. Even cases that would have been winnable if they had been litigated shortly after the event may lose their strength as witnesses move away, texts and emails are deleted, and your own memory of the incident becomes hazier. 

If you do decide to pursue legal action, you'll want to seek the advice of an attorney from a law firm such as Davis George Mook first. Getting legal counsel can help you determine which pieces of evidence you'll need and whether your claim has a high likelihood of success. 

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