Reviewed by Survivor Rights Center · Updated 2026-06-28
Sources: Hoodline, ChildUSA SOL Tracker, Wisconsin Legislative Documents
Wisconsin's criminal statutes of limitations set the time window during which the state may bring criminal charges after an offense. Before Act 90, the criminal SOL for second-degree sexual assault in Wisconsin was 10 years from the date of the offense. Senate Bill 413 -- enacted as Wisconsin Act 90 upon the governor' signature on March 6, 2026 -- extended that window to 20 years, specifically for second-degree sexual assault cases.
The rationale offered by supporters of the bill centered on the growth of forensic DNA science. Modern DNA analysis can match biological evidence to perpetrators in cases that are 15 or 20 years old, but investigators and prosecutors were historically required to bring charges within 10 years -- before many such analyses could be completed in older cases. The extended window aligns the prosecution deadline more closely with the practical capabilities of contemporary forensic investigation.
The extension is prospective in a specific sense: it applies to cases where the prior 10-year window had not yet run out when the law was signed on March 6, 2026. This means cases involving assaults occurring on or after approximately March 6, 2006 -- and where the 10-year window had not already lapsed -- fall within the new 20-year window. Cases where the old 10-year limitation had already expired before the signing date are not affected.
Beyond the SOL extension itself, Act 90 includes three additional provisions, each addressing a documented barrier to survivor reporting and engagement with the legal system. Understanding these provisions helps survivors and their support networks know what legal protections are in place.
The immunity provision expands protections for survivors who report a sexual assault from criminal charges for certain misdemeanor drug or alcohol offenses that may be associated with the incident. Prior to this expansion, survivors who feared that their own conduct during or around the time of the assault could result in criminal exposure had a documented incentive to avoid reporting. The expanded immunity is intended to reduce that deterrent. The immunity covers specific misdemeanor categories and does not provide blanket protection for unrelated criminal conduct.
The sexual assault kit retention provision requires that biological evidence collected in connection with a sexual assault be preserved for a period aligned with the extended SOL. This requirement acknowledges that a 20-year prosecution window is only functional if the evidence needed to pursue a case within that window still exists. Finally, the residential lease provision allows survivors to terminate a housing lease without penalty in situations where continued tenancy in that location poses a safety risk related to the abuse. Access to safe housing is a documented prerequisite for survivor participation in legal processes.
Act 90 modifies Wisconsin's criminal statute of limitations -- the timeline for state prosecution. It does not change Wisconsin's civil statute of limitations, which governs a survivor's ability to file a private civil lawsuit against a perpetrator or institution for compensation. These are distinct legal mechanisms with separate timelines and procedural rules.
In Wisconsin, the civil SOL for sexual abuse cases can differ significantly from the criminal timeline, and may include different provisions for cases involving minor victims, delayed discovery of harm, or institutional defendants. Survivors seeking information about their rights to pursue civil claims should consult Wisconsin's civil statutes or contact a civil attorney. ChildUSA maintains a state-by-state SOL tracker, and RAINN's national sexual violence resource network can provide referrals to state-specific legal resources.
The distinction between criminal and civil law is particularly important in cases involving institutional defendants -- schools, religious organizations, sports programs, and other entities. Criminal prosecution targets individual perpetrators; civil lawsuits can name both individuals and the institutions that employed or supervised them. The civil route is often the primary mechanism through which survivors obtain financial compensation and hold institutions accountable.
Wisconsin's reform is part of a broader pattern of state-level SOL change that has accelerated in 2026. Iowa enacted HF 1036 in May 2026, extending the civil SOL for childhood sexual abuse survivors. Rhode Island approved a two-year civil revival window for previously time-barred childhood sexual abuse claims in June 2026, effective July 1, 2026 through June 30, 2028. ChildUSA's 2026 SOL Tracker documents reform activity across multiple additional states.
Wisconsin's reform is notable as one of the few 2026 changes that focuses on the criminal rather than civil SOL, reflecting a policy approach of extending prosecution timelines rather than opening a lookback window for private suits. Both approaches serve survivor access to justice, though they operate through different legal systems and produce different outcomes for survivors depending on their goals.
For survivors in Wisconsin and nationally, the ongoing pace of reform in 2026 means that the legal landscape applicable to their situation may have changed recently. SOL provisions that appeared to have closed a case off may have been extended or supplemented by new legislation. Consulting an attorney or a resource like ChildUSA's tracker with the specific facts of a situation is the most reliable way to know what options remain available.
Understanding the precise scope of Act 90 helps survivors assess whether it applies to their situation and what other legal options may exist. Here are the most important facts.
No. Act 90 modifies the criminal prosecution window. The civil SOL, which governs private lawsuits for compensation, is governed by separate Wisconsin statutes. Survivors interested in civil options should consult a civil attorney or check ChildUSA's state-by-state tracker for current Wisconsin civil SOL provisions.
Wisconsin's Penal Code defines second-degree sexual assault as non-consensual sexual contact under specific circumstances defined in Chapter 940 of the Wisconsin Statutes. The definition encompasses a range of conduct; a legal professional can clarify whether a specific incident falls within that category.
A prior report that did not result in charges does not bar future action, provided the extended window is now open. If your prior report was filed when the 10-year window was still open, the new 20-year window may still be active. An attorney or prosecutor's office can review your timeline.
Wisconsin's criminal statutes are publicly available through the Wisconsin Legislature's online portal at legis.wisconsin.gov. ChildUSA's SOL Tracker at childusa.org/sol also summarizes current state provisions and recent legislative changes.
This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state — most consult for free. If you need support now, the RAINN hotline is 800-656-4673, 24/7.
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