Wisconsin Act 90 was signed into law in March 2026, extending the criminal statute of limitations for second-degree sexual assault from 10 to 20 years. The law also includes expanded immunity for survivors who report, longer evidence retention, and housing protections. If you were assaulted in Wisconsin and were not sure whether you still had time to pursue legal action, here is a plain-language breakdown of what changed, who it affects, and where to find both criminal and civil legal help.
Reviewed by Abuse Justice Center · Updated 2026-06-28
Sources: Hoodline, Milwaukee Criminal Defense Law (Act 90 analysis)
Before Act 90, Wisconsin gave prosecutors a 10-year window from the date of a second-degree sexual assault to file criminal charges. That timeline, while reasonable in an era before DNA forensic science matured, left a growing gap: investigators now routinely work with biological evidence from assaults that occurred 15 or 20 years prior, and they were being cut off from prosecution just as modern tools became available to use that evidence. Act 90 closes that gap by extending the window to 20 years.
The extended window applies to cases where the prior 10-year period remained open when the law was signed on March 6, 2026. In practical terms, this means assaults that occurred on or after March 6, 2006, are potentially within the new 20-year window -- assuming no other legal factors close the window earlier. Assaults that occurred before that date, where the prior 10-year window had already closed before the law was signed, are not affected by Act 90.
If you are unsure whether your situation falls within the new window, a consultation with an attorney can help you work through the calculation based on the specific date of the assault and the applicable legal provisions. This determination is fact-specific and not something that can be answered with a general rule.
One of the barriers survivors face when deciding whether to report a sexual assault is fear that reporting might expose them to legal consequences for their own conduct -- particularly if drugs or alcohol were present at the time of the assault. Act 90 addresses this by expanding immunity protections that shield survivors from criminal charges for certain misdemeanor drug or alcohol offenses connected to the reporting of an assault. This protection makes reporting safer for a group of survivors who previously had good reason to fear the legal system.
The evidence retention provision matters for the long-term effectiveness of the extended SOL window. Sexual assault kits contain biological material that can match perpetrators through DNA analysis years after an assault. If those kits are destroyed before a case is pursued, the evidence is gone permanently. Requiring longer kit retention means that the 20-year prosecution window is matched by a corresponding obligation to preserve the evidence needed to act within it.
The housing provision -- allowing survivors to terminate a residential lease without financial penalty when leaving an unsafe situation related to the abuse -- may seem separate from the legal timeline changes, but it reflects an understanding that stable, safe housing is a practical requirement for participating in legal proceedings. Survivors who cannot safely leave an abusive situation face compounding barriers to seeking justice. The lease provision is one step toward reducing those barriers.
Wisconsin Act 90 changes the criminal statute of limitations, which governs how long prosecutors have to file charges against a perpetrator. This is a separate legal mechanism from the civil statute of limitations, which governs how long you have to file a private lawsuit seeking financial compensation for the harm done to you. The two tracks operate independently and are subject to different laws.
In Wisconsin, the civil SOL for sexual abuse is a different question that is not resolved by Act 90. The civil window may be longer, shorter, or structured differently than the criminal window, and it may have exceptions for cases involving minors, discovery of harm, or institutional defendants. Connecting with a survivor-focused civil attorney is the fastest way to understand what your civil options are and whether any window is currently open.
Many survivors find that pursuing both criminal reporting and civil action simultaneously is an option, while others choose only one track based on their goals, circumstances, and what they need from the process. A free consultation with a civil attorney can help you understand your options across both tracks without any obligation to take action. Consultations are confidential and do not obligate you to file anything.
Whether you are considering reporting for the first time or re-engaging with a case after years of silence, here is what Wisconsin law now provides for survivors in 2026.
Abuse Justice Center is a lawyer-matching and advocacy service, not a law firm, and nothing here is legal advice. Matching and consultations are free, and network attorneys work on contingency. Need support now? The RAINN hotline is 800-656-4673, 24/7.
Act 90 specifically extends the criminal SOL for second-degree sexual assault. First-degree sexual assault and other categories may have different statutory timelines under Wisconsin law. An attorney or victim advocate can clarify which provision applies to your specific situation.
Yes. A prior report that did not result in charges does not bar you from reporting again under the new, extended window -- provided the window has not expired under the new calculation. An attorney can review your timeline and tell you whether the window is currently open.
Wisconsin's civil statute of limitations for sexual assault is a separate legal provision from Act 90. Civil timelines may differ significantly and can include exceptions for minor victims or delayed discovery. A civil attorney can evaluate your specific situation in a free consultation.
National survivor referral networks and matching services connect survivors with civil attorneys who have experience in sexual abuse cases in their state. These connections are free and confidential, and the attorneys they refer work on contingency -- no upfront cost to you.