Sexual Abuse and Trauma-Related Claims

Survivors of sexual abuse deserve justice, protection, and healing. At Keeler & Keeler LLC, we help individuals and families pursue legal action across government and tribal jurisdictions, including claims against city, county or state institutions, caregivers, educational facilities, church organizations and government agencies.

Under New Mexico Law

New Mexico has a special statute that allows survivors to pursue civil lawsuits for sexual abuse. NMSA 1978, § 37-1-30-1 specifies that a civil action for childhood abuse must be filed by the later of:

• The survivor’s 24^th birthday, or;
• Three years from the date the survivor first disclosed the abuse to a licensed medical or mental-health provider in the context of receiving care

Key points from the statute:

• Applies to conduct that would constitute:
  
  • Criminal sexual penetration of a minor
  • Criminal sexual contact of a minor
  • Sexual exploitation of children

New Mexico Statute of Limitations for Sexual Abuse

• The general personal injury statute of limitations does not apply to childhood sexual abuse cases. This is a hybrid discovery rule: the clock can restart upon disclosure to a provider.
• New Mexico separates sexual abuse limitation periods into two categories:
  
  • Childhood sexual abuse (civil claims)
  • Adult sexual abuse (civil claims)

• The perpetrator
• Institutions (e.g., schools, churches, treatment centers) that enabled or failed to prevent the abuse
• Government agencies, if negligence occurred in state, county, municipal, educational or federal run facilities.  A tort claim may need to be filed within a certain time frame.

Key legal features:

• Statute of Limitations:
  
  • Adults: 3 years from the date of the incident
  • Childhood survivors: Until age 24 or within 3 years of disclosing the abuse to a licensed provider
• Mandatory Reporting: Professionals must report suspected abuse of children, elders, or vulnerable adults
• Civil Damages: Survivors may seek compensation for medical costs, emotional trauma, lost income, and punitive damages
• Third-Party Liability: Institutions may be held liable for negligent hiring, supervision, or failure to act

Key factors to consider when pursuing a claim on the Navajo nation include:

Jurisdiction: Tribal courts handle cases involving tribal members and incidents on Navajo land; overlapping jurisdiction may apply in federal cases