Wisconsin Doubles the Clock on Sexual Assault Cases -- What Act 90 Means for Accountability in 2026

Reviewed by Survivor Justice Alliance · Updated 2026-06-28

What Wisconsin Act 90 Changes and Who It Applies To

Wisconsin Act 90 addresses a gap that criminal justice advocates had identified for years: modern DNA forensic techniques can build a case decades after an assault, but the prior 10-year criminal statute of limitations closed the prosecution window before those techniques could be fully utilized in older cases. By extending the deadline to 20 years for second-degree sexual assault, the legislature gave investigators and prosecutors the time needed to develop evidence in complex cases that might otherwise go unpursued.

The bipartisan nature of the legislation -- signed by a Democratic governor after passing through a legislature with Republican majorities -- reflects a policy consensus that survivor access to the justice system is broadly supported regardless of party. The extended timeline applies to cases where the prior 10-year window had not yet run out when the bill was signed on March 6, 2026. For survivors whose limitation period had already expired before that date, the new law does not revive the ability to pursue criminal charges.

The practical effect for currently eligible survivors is that allegations of second-degree sexual assault occurring within the past 20 years are now potentially within the criminal prosecution window -- double the range that would have applied before the law took effect. Wisconsin law enforcement and prosecutors are the primary actors under this provision, but the law's passage signals legislative intent to prioritize survivor access to justice in ways that ripple into civil proceedings as well.

The Supporting Provisions: Immunity, Evidence Preservation, and Housing

Act 90 includes three supporting provisions that address barriers survivors commonly face beyond the SOL question itself. First, the expanded immunity provision reduces the risk that a survivor who reports a sexual assault will face criminal exposure for their own misdemeanor drug or alcohol use that may have occurred in connection with the incident. The fear of prosecution or arrest has historically deterred survivors -- particularly younger ones -- from reporting, and immunity protections directly reduce that deterrent.

Second, the legislation extends mandatory retention periods for sexual assault kit evidence. Sexual assault kits contain biological evidence that can be matched to perpetrators through DNA analysis, sometimes years or decades after the assault. If kits are destroyed before a case moves forward, a potentially definitive piece of evidence is permanently lost. Extended retention requirements mean that as criminal SOL windows get longer, the biological evidence needed to act within those windows is more likely to still exist.

Third, Act 90 gives survivors a new statutory mechanism to terminate a residential lease without penalty when they are leaving a housing situation that has become unsafe due to the abuse. Access to safe housing is a documented factor in a survivor's ability to report abuse and to participate in legal proceedings. The inclusion of this provision in a reform bill otherwise focused on criminal procedure reflects a more comprehensive understanding of the barriers survivors face.

Act 90 in the Context of 2026 SOL Reform Nationally

Wisconsin's reform is one of several significant SOL changes enacted or advancing in 2026. Iowa signed HF 1036 in May 2026, extending the civil statute of limitations for childhood sexual abuse survivors from one year to five years after the age of majority. Rhode Island lawmakers approved a two-year civil revival window in June 2026 for previously time-barred childhood sexual abuse claims, opening that window from July 1, 2026 through June 30, 2028. ChildUSA's 2026 SOL Tracker documents ongoing state-level reform activity across the country.

The distinction between criminal and civil statutes of limitations matters for survivors assessing their options. A criminal SOL governs how long prosecutors have to file charges; a civil SOL governs how long a survivor has to file a private lawsuit seeking compensation. The two timelines are independent. Wisconsin Act 90 extends the criminal window, but survivors with civil claims against individuals or institutions should consult with an attorney about the civil SOL applicable in Wisconsin, which is a separate legal question.

For institutions -- schools, religious organizations, sports programs, youth-serving non-profits -- the accumulation of state-level SOL reforms in 2026 means that an increasing share of their historical abuse liability is now within a prosecution or civil claims window. Institutional accountability has been a central goal of the reform movement, and the trend toward extended and revived windows continues to deliver on that goal.

6 Supporting Changes That Accompany Wisconsin's SOL Extension

Wisconsin Act 90 is not just a numbers change. The legislation bundles several provisions that address the real-world barriers survivors face when coming forward. Here is what each one does.

1. Extended criminal prosecution window: Second-degree sexual assault cases can now be prosecuted up to 20 years after the offense, giving investigators and prosecutors time to build cases using modern forensic techniques including DNA analysis.
2. Expanded immunity for reporters: Survivors who report a sexual assault are protected from criminal exposure for certain associated misdemeanor drug or alcohol offenses, reducing a documented deterrent to reporting.
3. Longer sexual assault kit retention: Evidence kits must now be preserved for the full duration of the extended SOL window, ensuring that biological evidence is available to investigators when cases are revisited years later.
4. Residential lease protections: Survivors can terminate a residential lease without financial penalty when leaving housing made unsafe by the abuse, addressing a practical barrier to escaping harmful living situations.
5. Bipartisan legislative support: The bill passed with support across party lines, reflecting a consensus that survivor access to justice is a non-partisan concern -- an important signal for sustained enforcement of the new provisions.
6. Prospective-only scope for the criminal extension: The extended window applies to cases where the prior 10-year limitation had not yet expired as of March 6, 2026. Cases where the old window had already closed are not revived by Act 90 -- a distinction survivors and their attorneys should verify before taking any action.

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