I Was Sexually Assaulted as a Child: Why Am I Just Remembering Now?
Repression of Trauma-based Memories
Discovering repressed memories of childhood sexual abuse can be both validating and overwhelming. You may wonder why these memories emerged now—and whether you still have legal recourse. This guide explains the psychological reasons for delayed recall, how to substantiate a claim years later, and the civil options available in Pennsylvania and New Jersey.
Sexual Abuse and Repressed Memory
Survivors sometimes recall traumatic events years—or even decades—after they occurred because the brain can employ protective mechanisms like dissociation and traumatic amnesia to shield conscious awareness from overwhelming stress. Research indicates that roughly 15% to 38% of survivors initially forget and later recall abuse after significant delays, with one study finding 38% of women with documented histories failing to recall abuse 17 years later . The American Psychological Association acknowledges that repressed, recovered, or suggested memories may occur and surface spontaneously or during therapy .
However, under Pennsylvania law a cause of action accrues when the injury is inflicted, and courts have expressly limited discovery tolling—rejecting repressed-memory theory as a basis to extend filing deadlines .
How Do I Prove My Case After So Much Time?
To succeed, you must meet the applicable filing deadlines and bolster your recovered memory with corroborating evidence:
• Pennsylvania: The discovery rule allows two years from the date you discover both the injury and its cause—but memory repression alone won’t extend this window .
• New Jersey: The Child Victims Act lets minor survivors sue within 37 years of their 18th birthday or within seven years of discovering the abuse—whichever is later—accommodating delayed recollection .
Your attorney will gather:
• Therapy notes or psychological evaluations
• Journals, diaries, or letters referencing unexplained symptoms
• School, medical, or social-service records
• Affidavits from friends, family members, or professionals
• Expert testimony on memory reliability and trauma
Civil Options in Pennsylvania & New Jersey
Pennsylvania
• Pre-2019 Abuse: If the abuse occurred before January 1, 2019, childhood survivors had to file by their 30th birthday under the old law.
• Post-2019 Abuse: Act 29 of 2019 extended the deadline for child survivors (under 18 at the time) to file until age 55. However, these changes are not retroactive for abuse before 2019 .
Legislative Proposals: Pennsylvania’s legislature has introduced bills to create a two-year look-back window and amend the constitution to revive time-barred claims, but these remain pending .
Repressed Memories and Sexual Abuse—FAQs
New Jersey
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Answer: Delayed recall can result from trauma-related dissociation, where the mind “blocks” overwhelming events until it can process them safely. Studies confirm this phenomenon in a significant subset of survivors.
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Answer:
PA: Generally two years from discovery of injury and cause—but repressed memory alone does not toll the deadline
NJ: Up to seven years from the date you rediscover the abuse, thanks to the Child Victims Act
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Answer: Corroborating documents (therapy records, diaries), witness statements, and expert testimony on memory and trauma are crucial to substantiate delayed recollection.
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Answer:
PA: No—courts have refused to apply repressed-memory tolling, strictly adhering to accrual rules
NJ: Yes—under the discovery rule in the Child Victims Act, you have seven years from discovery to file, accommodating late memories
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Answer: Absolutely. Sexual-abuse claims involve complex deadlines, specialized experts, and evidentiary challenges. Early legal guidance ensures you meet all requirements and maximize your chance of justice.
• Child Victims Act (2019): Minor survivors may sue within 37 years of their 18th birthday or within seven years of discovery, even after age 55. This permanent extension applies regardless of when the abuse occurred .
• Look-Back Windows: A two-year revival window for pre-2019 time-barred claims opened in late 2019; no further windows are currently available.
