How Long a Sexual Assault Lawsuit Takes in New Mexico

Someone who has been sexually assaulted often asks two things at once: how long they have to act, and how long a lawsuit will take. In New Mexico, those are separate questions with separate answers.

The filing deadline is set by law, and for most personal injury claims it is three years. How long the case itself takes has no fixed answer, because it depends on the stages, the parties and the evidence.

Short Answer: The Filing Deadline Comes First

The filing deadline is the first timing question, because a claim filed too late can be barred.

Two questions often get mixed together. One is how long the injured person has to file. The other is how long the case takes to finish after it is filed. Either one can change the plan.

Legal terms like these can be confusing, and a lawyer can explain how they apply to your situation. It is the time limit the law sets for starting a lawsuit. Duration is different. A case filed on time can still take a long time to resolve, and the pace depends on how many people are involved, how much evidence must be gathered, and whether the case settles.

The sections below cover the deadline first, then the stages and the factors that stretch a case out. For an overview of the practice area, see our sexual assault lawsuit guide for New Mexico.

The New Mexico Statute of Limitations for Sexual Assault Claims

For most personal injury claims in New Mexico, the filing period is three years.

Under NMSA 1978 § 37-1-8, actions against sureties on official bonds and on bonds of guardians, conservators, personal representatives, and persons acting in a fiduciary capacity must be brought within two years after the principal’s liability is finally established or determined by a judgment or decree of the court, and actions for an injury to the person or reputation of any person must be brought within three years. A civil claim for harm to a person is measured against this period, which is the starting point for most adult cases.

Three rules affect how that clock works. First, filing is what counts. Under § 37-1-13, an action is deemed commenced when the complaint is filed with the proper clerk’s office, with intent that process issue right away. NMSA 1978, § 37-1-13 reads: “The filing in the proper clerk’s office of the petition, declaration, bill or affidavit, upon the filing of which process is authorized by law to be issued, with intent that process shall issue immediately thereupon, which intent shall be presumed, unless the contrary appear, shall be deemed a commencement of the action.” Questions about when a case officially begins are a good topic for a free, confidential initial consultation with our team.

Second, some delays stop the count. Under § 37-1-12, the time an injunction or other lawful proceeding keeps a case from starting is not counted toward the limit.

Third, the start date can be a question of knowledge. In Roberts v. Southwest Community Health Services, the New Mexico Supreme Court held that a claim accrues when the plaintiff knows, or with reasonable diligence should have known, of the injury and its cause.

Why Childhood Abuse Claims Are Handled Differently

Childhood abuse claims can follow timing rules that differ from the adult three-year period.

Under NMSA 1978 § 37-1-10, the time limits for bringing actions in the preceding provisions of that chapter are extended for minors and incapacitated persons. Under NMSA 1978 § 37-1-10, they have one year from and after the end of that incapacity to start an action. The extension changes the clock for people who could not act for themselves.

Why separate timing? Many survivors do not recognize or report harm until years later. That is one reason timing for childhood claims gets its own attention.

Because these questions turn on dates, a rough calendar count is not enough. Write down when the abuse happened, when it was first reported, and who knew about it at each step.

For what a claim can include, see damages in a sexual assault lawsuit.

The Stages of a Civil Sexual Assault Lawsuit

A civil case usually moves through the same basic stages, though the details vary from case to case.

First comes intake and case review. The lawyer learns the facts, the dates, and who may be responsible for the harm.

Next is investigation and evidence gathering. This can include medical records, police reports, messages, photos and witness statements. Gathering these records is often one of the first steps that takes real time.

Then a complaint is filed with the court. The defendant must be formally served with it and then responds. Pretrial motions can resolve or narrow some issues along the way.

Discovery follows. Both sides exchange records and information, and depositions (sworn testimony taken outside the courtroom) are often taken. Discovery is often the longest stage.

Settlement talks can happen at any point. Under Rule 11-408, offers to compromise a claim, and statements made during those talks, generally cannot be used to prove or disprove the validity or amount of the claim. Some cases settle before trial. Others go to trial, which is the final stage.

What Can Make a Sexual Assault Case Take Longer

Cases usually take longer when there are more defendants, more disputed facts, or more records to gather.

More defendants add work. New Mexico generally applies several liability under NMSA 1978 § 41-3A-1. Each defendant is generally liable for only its own share of fault. Joint and several liability, which can make one defendant liable for the full amount, is abolished in cases governed by comparative fault except as the statute otherwise provides, including for conduct done with the intention of inflicting injury. Sorting out those shares takes evidence and time.

Organizations add layers. When a business or organization may share responsibility, the right party must be identified, and its records may need review.

Experts and records add steps. Medical and records requests, expert witnesses and court calendars all affect the schedule.

A criminal case can run on its own track. Its timing can affect the civil schedule, and the two can affect each other.

Claims against a government entity or public employee can follow different rules, so the timing needs an early look.

How Long a Case Can Take From Start to Finish

No fixed length applies to every sexual assault case in New Mexico.

A useful way to think about the timeline is by stage rather than as one number. Ask where the case stands, what the next step is, and what is holding it up. A case may move quickly through early steps and slowly in discovery, or the reverse.

Keep the deadline and the duration apart. A filing deadline tells you when you must act to protect a claim. Duration tells you how long the process may run after that. A case can be filed on time and still take a long time, and the time limit still matters.

Stage thinking also helps when you talk with a lawyer. You can ask what the next step is, what it involves, and what could slow it down.

Questions to Ask Before the Clock Runs Out

Start with the dates, because the deadline turns on them.

Bring a short list to your first conversation. Include the date of the assault, when it was first reported, and what records exist, such as medical notes, police report numbers, messages, photos and calendars. Note whether a minor was involved, and whether a government employer or public body may be connected.

Preserve what you have. New Mexico courts have held that intentional spoliation of evidence, meaning destruction or concealment of evidence, can create liability. In Torres v. El Paso Electric Co., the court held that a complaint need not be filed, or even announced, for that liability to apply. Avoid deleting messages, accounts or photos, and tell the lawyer what exists.

Frequently Asked Questions

Talk With Our Team About Your Timeline

If you’re working out a deadline while dealing with something this painful, you don’t have to settle every question today.

Maybe you’re trying to understand whether a claim is still open, what a minor’s timing could mean, or how long a case could take for a family member you’re worried about. Those are fair questions to bring to a lawyer who handles these claims.

Our team can review your dates and facts in a free, confidential initial consultation, with no obligation to continue. Josh Wood is the responsible lawyer for this page at El Gringo Law. To request a consultation, use our contact form.