Is There A Statute Of Limitations On Sexual Assault

Is There A Statute Of Limitations On Sexual Assault?

Sexual assault is a traumatic crime that can have lasting impacts on survivors. Many wonder if there’s a time limit to report sexual assaults to the police or file a civil lawsuit against the perpetrator. This issue involves complex legal considerations around due process, evidence, and providing justice.

What Is A Statute Of Limitations?

A statute of limitations sets a deadline for taking legal action. These laws aim to ensure the reliability of evidence and prevent people from facing charges based on decades-old accusations that are hard to defend against.
However, with sexual violence, survivors often don’t report right away due to trauma, fear of retaliation, or shame. So should we place a time limit on seeking justice? There are good-faith arguments on both sides.

Statutes Of Limitations Vary By State

There’s no uniform standard nationwide. Each state sets its own civil and criminal statutes of limitations for sexual assault. They range from 3 years to no statute of limitations at all.
For example, New York gives survivors 5 years to sue in civil court but no time limit to press criminal charges. Meanwhile, California allows 10 years for civil cases and generally no more than 10 years for felony sexual assault charges.
Reforms in many states have lengthened or eliminated statutes of limitations for sex crimes, especially those involving minors who may not understand or be able to report these incidents until adulthood.

What About DNA Evidence?

DNA technology has also changed legal perspectives around statutes of limitations. Now evidence can conclusively identify perpetrators even decades later.
In response, some states have made exceptions to expand or eliminate statutes of limitations if DNA evidence emerges linking a suspect to the assault.

When Civil Lawsuits Are An Option

For survivors who want to hold their attacker financially accountable without pursuing criminal charges, filing a civil lawsuit for damages is possible in most states.
The advantage of civil cases is they generally have less strict statutes of limitations than criminal prosecution. The standard of proof is also lower – a “preponderance of evidence” rather than “beyond reasonable doubt.”
Damages could cover the survivor’s medical bills, therapy costs, lost income, pain and suffering, and punitive damages to punish the perpetrator.

What Types Of Claims Can Be Filed?

Common civil causes of action in sexual assault cases include:

• Battery – harmful or offensive intentional touching
• Sexual battery – forced or coerced sexual acts
• Assault – reasonable fear of violence/harm
• Intentional infliction of emotional distress
• Negligence – failure to protect someone from foreseeable harm

If the assault occurred when the victim was a minor, additional claims like “negligent supervision” could be brought against responsible institutions like schools, churches, youth organizations, etc.
The challenge is that civil litigation can be expensive, stressful, and time-consuming without guaranteed success. Many survivors may still opt for criminal prosecution if possible in their state.

Pushing For Criminal Charges

For survivors who want to see their perpetrator behind bars, pursuing criminal charges is likely the priority. But statutes of limitations could present obstacles in some states.

What Actions Stop The Clock?

In general, the clock starts ticking on the statute of limitations when the crime occurs. However, certain actions can “toll” (pause) the limitations period. These include:

• Filing a criminal complaint
• Indictment by grand jury
• Arrest warrant issued
• DNA evidence emerges

The clock resumes ticking if charges are dropped until the suspect is re-indicted or rearrested.
Prosecutors also have some discretion with certain sex crimes to file charges related to “a pattern of conduct” rather than just a single incident. This gives more flexibility on statutes of limitations.

What About Past Abuse Cases?

Many states have also opened temporary “lookback windows” allowing survivors to file previously time-barred criminal charges. These windows typically last 1-3 years.
For example, New York’s Child Victims Act opened a 1-year window in 2019 for survivors of child sexual abuse to pursue civil lawsuits or felony charges until age 55 in cases where the statute of limitations had expired.
California followed with a similar 3-year lookback window created by AB 218 in 2020. Survivors have until December 31, 2022 to file past claims.
These reforms acknowledge changing attitudes around prosecuting sexual violence – especially against minors who may not have felt able to speak out until adulthood.

Why Statutes Of Limitations Matter

Statutes of limitations aim to balance fairness for both survivors and those accused. As time passes, evidence degrades and memories fade. The accused may no longer be able to mount an effective defense.
Without statutes of limitations, someone could theoretically be arrested out of the blue for an assault that allegedly happened half a century ago. Most would agree that raises due process concerns.
However, we also understand more about the impacts of trauma on memory and the barriers that prevent sexual assault reporting. Strict statutes of limitations mean some perpetrators escape justice while their victims continue suffering.
There are good arguments on both sides. Each state must grapple with reforming these laws to weigh fairness for survivors and the accused.
The tide is shifting nationally towards expanding or abolishing statutes of limitations for sexual violence, especially those involving minors. Still, laws remain inconsistent across the U.S. Survivors face very different timelines for seeking legal recourse between states.

What About Federal Cases?

If sexual assaults occur on federal lands, commercial airlines, military bases, etc. charges fall under federal jurisdiction which has no statutes of limitations for felony sexual abuse.
Cases that cross state borders may also qualify for federal prosecution without time limits on serious sex offenses under statutes like the PROTECT Act of 2003.

Seeking Legal Help

Navigating statutes of limitations for sexual assault can be complex, but support is available. Calling a sexual assault hotline can help start the healing process while lawyers assist with legal options in each state.
Non-profits like the Rape, Abuse & Incest National Network (RAINN) also provide free consultation and can connect survivors with low-cost legal help.
Statutes of limitations should never deter survivors from seeking counseling or calling the National Sexual Assault Hotline at 800-656-HOPE. The trauma of sexual violence can emerge at any age, but help and hope remain.