When a perpetrator dies before a survivor comes forward, many people assume justice becomes impossible. This misconception keeps survivors silent when meaningful legal action remains within reach, particularly against institutions that enabled the abuse. Recent changes to Indiana’s statute of limitations have opened pathways to accountability that didn’t exist before, even when the perpetrator is no longer alive.
At Wagner Reese LLP, we handle sexual abuse claims throughout Indiana and understand the complex legal landscape survivors face. Since 1997, our Indiana personal injury attorneys have advocated for survivors seeking justice against both individual perpetrators and the institutions that failed to protect them. We recognize that healing often requires holding all responsible parties accountable, and we’re prepared to pursue every available avenue for compensation and closure.
Can You File a Claim If the Abuser Has Died?
The death of a perpetrator doesn’t necessarily close the door on legal action. Survivors can pursue claims against the deceased perpetrator’s estate, which includes all assets and property belonging to them at the time of death. If the estate has already been settled, an experienced attorney may be able to reopen the probate process depending on Indiana law and the timing of your claim.
More importantly, survivors can pursue claims against institutions where the abuse occurred. Schools, churches, youth organizations, healthcare facilities, and other entities that employed or supervised the perpetrator may bear legal responsibility for failing to protect you. These institutional sexual assault claims often prove more viable than claims against individual perpetrators, as organizations typically carry substantial liability insurance and have more significant financial resources. The financial compensation recovered through these claims can cover therapy, medical expenses, lost wages, and other damages related to the abuse.
Indiana’s Extended Statute of Limitations
Indiana recently amended its sexual abuse statute of limitations to provide survivors more time to seek justice. For Level 1 and Level 2 felonies involving sexual violence, there is now no statute of limitations for criminal charges. For Level 3 felony sex crimes, victims have until age 51 to report. These extended timeframes recognize the psychological reality many survivors need years or even decades to process trauma before they’re ready to pursue legal action.
Civil claims operate under different timelines. Indiana law allows survivors who were minors at the time of abuse until their 31st birthday to file a civil lawsuit. If the abuse was perpetrated by someone in a position of trust or authority, such as a teacher or coach, victims may have until their 35th birthday to bring forward a legal claim.
How Institutional Liability Works When Perpetrators Are Deceased
Organizations owe a legal duty to protect children and vulnerable individuals in their care. When institutions fail to conduct proper background checks, ignore warning signs, cover up reports of abuse, or negligently hire or retain employees with histories of misconduct, they can be held civilly liable. According to the Centers for Disease Control and Prevention, about 90% of child sexual abuse is perpetrated by someone known and trusted by the child or the child’s family members, and these perpetrators often operate within institutional settings that should have prevented the abuse.
Institutional liability claims focus on the organization’s failures rather than solely on the perpetrator’s actions. Did the church ignore complaints about a youth minister’s inappropriate behavior? Did the school district fail to investigate reports about a teacher spending excessive alone time with students? Did the sports organization overlook red flags in a coach’s conduct? These systemic failures create independent grounds for legal claims that survive even when the direct perpetrator is deceased.
Building Evidence in Claims Against Deceased Perpetrators
Building a case when the abuser has died requires strategic evidence gathering. Documentation becomes essential, including personnel records showing an institution’s knowledge of prior complaints, communications between administrators discussing the perpetrator’s behavior, and policies that should have been followed to protect victims. Testimony from other survivors who experienced abuse by the same perpetrator strengthens institutional liability claims by demonstrating a pattern the organization should have recognized and stopped.
Expert testimony often proves critical in these cases. Child development specialists can explain why survivors delay reporting. Institutional safety experts can identify where policies failed or weren’t implemented. Mental health professionals can document the lasting impact of abuse and connect it to ongoing damages. Even decades after abuse occurred, skilled attorneys can reconstruct what happened and who bears responsibility beyond the perpetrator.
Pursue Justice with Wagner Reese LLP Today
The death of a perpetrator doesn’t mean the end of accountability. Wagner Reese LLP has built our practice around holding both individuals and institutions responsible for sexual abuse throughout Indiana.
We understand the unique challenges survivors face when the person who harmed them has died, and we know how to pursue the institutional claims that often provide the most meaningful path to justice and compensation. Contact Wagner Reese LLP today for a confidential consultation about your legal options.
