Is there a deadline for filing a criminal or civil sex assault or rape claim in your state?
Whether or not there should be a time limit on cases of sexual assault and rape is a controversial topic in many state legislatures.
Most states, even those with tighter limitation windows, make special allowances for victims of child sexual abuse by expanding the deadline. A majority of states also allow the statute of limitations to “toll” or pause when DNA evidence is available. Some states have more generous limitation windows that start the clock when the victim comes to grips with the fact they were, in fact, sexually assaulted (called the “point of discovery”).
The debate over whether or not there should be a statute of limitations in cases of sex assault has gained momentum, particularly in light of the #MeToo movement in which many victims of rape and sexual assault felt emboldened to come forward and share their experience years or even decades after the alleged assault.
Arguments for a statute of limitations
Those in favor of a statute of limitations argue that it is practical to limit the period of time in which legal action can be pursued since key evidence is often lost, witnesses can move away and memories of an event can change over time. They argue that taking legal action for a sexual assault that allegedly occurred so long ago based on antiquated evidence is unfair to the accused person, who may suffer emotional, social and financial harm from such as serious allegation—even if found not guilty or liable.
In addition, some people argue that the supposed offender shouldn’t live in “purgatory” for the rest of their lives under the threat of criminal punishment. Rather, they should be allowed to move on.
Arguments against a statute of limitations
On the other side, those who are opposed to a statute of limitations argue that the physical, emotional and psychological effects from a sexual assault are long-term and serious. Victims often require years or even decades of treatment to process their trauma and recover, if recovery is possible at all. Extending the statute of limitations for these grievous types of crimes—or eliminating it altogether—gives victims time to get the help they need before seeking justice.
In addition, some victims live in fear of reporting sex assault because the abuser is in a position of power, so they wait until the danger has passed. Setting a time limit, they say, allows abusers to get away with past indiscretions and continue assaulting others.
In recent years, a number of states have passed or considered bills to extend or eliminate the statute of limitations for sexual assault charges:
- Arkansas. In May 2021, Arkansas extended the civil statute of limitations on child sexual abuse until age 55. The law also gave victims of any age a 2-year window to sue.
- California. In 2016, Gov. Jerry Brown signed into law a measure removing the state’s criminal statute of limitations on rape and other sexual offenses entirely. Prosecution was previously limited to 10 years.
- Colorado. In March 2021, the state legislature passed a bill eliminating the statute of limitations in civil cases for survivors of sexual assault.
- Iowa. Advocacy groups are calling on the state legislature to pass Senate File 572, which would eliminate both civil and criminal statutes of limitations for child sexual abuse.
- Louisiana. In May 2021, the state House unanimously passed a bill to change the statute of limitations for child sexual abuse from 10 years to 35 years. It now goes to the Senate.
- Minnesota. In 2021, the state legislature will consider a bill to eliminate Minnesota’s statute of limitations on rape and other sex crimes.
- Ohio. In May 2021, 2 state legislators re-introduced a bill to eliminate the statute of limitations for criminal and civil sex crimes.
- Oklahoma. In 2020, House Bill 3024, which moves to repeal the statute of limitations on sex crimes involving minors, passed the House Judiciary Committee.
- Oregon. In 2016, Oregon doubled the statute of limitations of certain sex crimes from 6 to 12 years. As of January 1, 2016, the victim may press charges anytime before they turn 30 years old if they were assaulted as a child (under 18).
- Texas. In 2019, the civil statute of limitations for the sexual assault of a child was doubled to 30 years. The 2021 Texas legislature is considering House Bill 2071, which would eliminate the civil statute of limitations for child victims of rape and sexual assault.
In addition to state laws, the federal government has recently moved to reform how rape kits are collected and stored. Congress passed the Sexual-Assault Survivor’s Bill of Rights Act of 2016, which requires all states to keep rape kits for 20 years or until the rape statute of limitations in that state expires.
What is a “statute of limitations”?
The statute of limitations is a legal deadline that determines the amount of time a person has to initiate legal action (such as filing a lawsuit or pressing charges) against another individual, company or other party. In most cases, the “clock” starts ticking from the moment the alleged crime or cause of the legal action occurs—or when the victim achieves the age of adulthood (usually 18) if they were a child at the time of the offense.
Both criminal cases and civil suits are affected by the statute of limitations, though the deadline varies based on the type of the alleged offense and each state’s laws. Some serious criminal offenses, such as murder (homicide), war crimes and genocide, generally have no statute of limitations.
There are few exceptions to the statute of limitations that can only be applied in rare circumstances. If you want to learn more about pursuing legal action, you should consult with an attorney in your area with the relevant background and experience immediately.
What constitutes sexual assault?
Sexual assault crimes are often classified into different degrees of felony offenses, in addition to misdemeanor violations. Almost all states take the gravity of the charge into account when determining the statute of limitations.
Sexual assault can take many different forms, but some of the most common examples include:
- Rape
- Sexual abuse
- Attempted rape
- Nonconsensual sexual contact
- Fondling (molestation)
- Forced sex acts (i.e. sodomy, object penetration, etc.)
- Spousal rape
- Sexual contact with minors
- Incest
The FBI defines rape as:
“Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
What’s the difference between civil vs. criminal cases?
Sexual assault cases can fall under both criminal and civil law, depending on the circumstances.
Victims of sexual assault who seek financial compensation for the physical and emotional harm they experienced may do so in civil court; whereas sex assault victims who wish to see their abuser punished can press charges and seek justice in criminal court. It is possible to pursue both civil and criminal actions against a defendant, though you should know that different rules, standards and deadlines apply.
Criminal and civil sex assault cases differ in several important ways:
| Criminal Law | Civil Law | |
|---|---|---|
| Who? | Criminal cases are brought by the government (District Attorney or prosecutor) against a private citizen or business who is charged with committing a criminal offense. | Civil cases are brought by a private citizen (or an attorney who represents them) against another private citizen or business—or against the government. |
| Where? | Criminal cases are filed in criminal court in the jurisdiction where the alleged offense occurred or in federal court (depending on the nature of the crime). Typically, a judge presides over the case and a jury decides whether or not to convict. | Civil cases are filed in civil court in the jurisdiction where the cause of legal action occurred—or sometimes in small claims court if the amount of damages sought falls below a certain threshold. Typically, a judge presides over the case if it goes to trial, though a vast majority of civil cases are settled or negotiated out of court. |
| How? | To convict a person of the crime of sexual assault, the prosecutor must demonstrate that the defendant is guilty beyond a reasonable doubt. The burden of proof is on the prosecution in criminal cases, and it is higher than the standard required in civil cases. | To successfully win monetary damages, the plaintiff or their attorney usually must demonstrate that the defendant is liable for their injuries or damages by a preponderance of evidence—meaning that there is a greater than 50% chance that the claim is true. The burden of proof is on the plaintiff in civil cases. |
| Why? | The aim of a criminal case is to determine whether or not the alleged defendant is guilty of a criminal offense, and to punish them accordingly through fines, probation, restraining orders, jail time and other penalties. | The aim of a civil case is to determine whether or not the defendant is liable for the plaintiff’s damages. If so, the plaintiff is compensated accordingly with the goal of delivering financial justice for their injuries and damages. |
Both civil and criminal courts can provide some measure of justice to victims of sexual assault, but in different ways.
Now, let’s answer the question of when legal action must be filed when it comes to sexual assault.
Legal time limits for sex assault by state
There is a great deal of nuance and complexity in each state’s sexual assault statute of limitations. In the section below, we’ve sought to compress all the information to give you a general overview of what the legal landscape looks like. For specific advice about your case, you should contact an attorney near you as soon as possible.
Which states have no statute of limitations for sex crimes?
Here’s a quick look at which states have fully or partially eliminated the statute of limitations for felony sex crimes like sexual assault and rape:
What is the statute of limitations for sex assault in your state?
Click on your state in the map below to find more information about your state’s time limit for both criminal and civil sex assault claims.
| Statute of Limitations for Sex Assault By State | ||
|---|---|---|
| State | Criminal | Civil |
| Alabama | Felonies: 5 years (no limit if the victim was under 16 years of age) Misdemeanors: 1 year (no limit if the victim was under 16 years of age) Exceptions: No time limit for the prosecution of rape in the first or second degree. |
2 years |
| Alaska | Felonies: No time limit (10 years after commission of certain Class C felonies such as incest andsexual assault) Misdemeanors: 5 years (no limit if the victim was under 18 years of age) |
3 years Exceptions include no limit for felony abuse of a minor and felony sexual assault |
| Arizona | Felonies: 7 years (no limit if the victim was under 15 years of age) Misdemeanors: 1 year Exceptions: No time limit for the prosecution of sexual assault, child molestation, continuous sex abuse of a child under 14, violent sexual assault, sexual exploitation of a minor, and aggravated luring of a minor of sexual exploitation. |
2 years Possible “tolling” exceptions in child sex abuse cases involving minors |
| Arkansas | Rape: 6 years (no limit if the victim was a minor) Sexual assault (first degree): No limit Sexual assault (second, third and fourth degrees): 3 years (no limit if the victim was a minor) Sexual indecency with a child: No limit Incest: 3 years (no limit if the victim was a minor) Misdemeanors: 1 year |
3 years In cases of minors, 3 years from the date of discovery |
| California | Rape, continuous sexual abuse of a child, forcible acts of sexual penetration and sodomy:
Spousal rape: 6 years Aggravated sexual assault of a child: No limit Incest: 3 years Sexual acts with a child 10 or younger: No limit Exceptions: The DNA exception is available for offenses committed prior to January 1, 2001, if:
|
10 years for adults, or 3 years from the date of discovery if the incident occurred prior to 2019 In cases of minors, until their 40th birthday, or within 5 years of their discovery of the abuse. Note: A new law in 2020 also made it possible to revive claims that were previously barred by the old statute, so long as it is filed within 3 years. |
| Colorado | Sex assault:
Aggravated incest: No limit Aggravated incest: No limit |
No limit |
| Connecticut | Class A felonies: No limit Class B felonies: 20 years Class C felonies: 5 years Class D felonies: 20 years Class A misdemeanors: 10 years Spousal or cohabiting relationship assault, sexual assault second degree: 5 years Aggravated sexual assault of a minor: No limit Incest: 5 years Exceptions: Any offenses that involve a minor and occurred after Oct. 1, 2019, have no limit. In addition, if the victim was 18, 19 or 20 years of age, then the statute of limitations is 30 years after the victim attains age 21 (age 51). |
No time limit for sexual assault or aggravated sexual assault of the first-degree If the victim was a minor (under 18), and was assaulted before October 1, 2019, they have until their 48th birthday to file a civil claim. If the victim was 18, 19 or 20 years of age, and was assaulted on or after October 1, 2019, then they have until age 51 to file a civil action. If none of these apply, then the 3-year statute of limitations for general civil torts applies |
| Delaware | Class A felonies: No limit All other felonies: 5 years Class A misdemeanors: 3 years All other misdemeanors: 2 years Exceptions: No limit if independent physical evidence is provided. If forensic DNA testing or other physical evidence is provided, the statute of limitations is 10 years. |
2 years No time limit for cases involving minors |
| District of Columbia (Washington, D.C.) | Felonies: No limit Misdemeanors: 3 years |
3 years If the victim was a minor, they have until 3 years from their 18th birthday (age 21) to file a claim |
| Florida | Capital felony, life felony or a felony that results in death: No limit First-degree felony: 4 years Any other felony: 3 years Exceptions:
|
4 years after leaving the dependency of the abuser or from the time of discovery (whichever occurs later) If the victim was a minor, they have until 7 years after reaching the “age of majority” (18) 8 years for a first or second-degree felony sexual battery No limit for sexual battery involving a minor under 16 years old No limit in first or second-degree felony sexual battery cases reported to authorities within 72 hours |
| Georgia | Sexual assault, incest: 4 years (7 years in cases involving minors Rape: 15 years for forcible rape, or 7 years for non-forcible rape (no limit if the victim was under the age of 16 and occurred on or after July 1, 2012) Statutory rape, child molestation, aggravated child molestation (under 16): 7 years Sexual battery: 2 years for a first offense, or 4 years if there are prior offenses (7 years if the victim was under the age of 16) Aggravated sexual battery: 7 years Exceptions: No limit if DNA evidence is used to establish the identity for charges of rape, aggravated sodomy, aggravated sexual molestation or aggravated sexual battery. |
2 years If the victim is a minor, they have until 5 years after reaching the “age of majority.” If the victim is 65 or older, the clock does not begin ticking until the crime is reported to authorities. |
| Hawaii | Class A & B felonies: No limit Class C felony: 3 years from the incident (or age 21 if the victim was under 18 at the time of the incident) Misdemeanors: 2 years Petty misdemeanor: 1 year |
2 years The statute of limitations pauses if the victim is a minor until they turn 18 |
| Idaho | Rape, sexual abuse, incest: 5 years (no limit if the victim is 16 or under) Sexual exploitation by a medical care provider: 2 years Sexual abuse and exploitation of a vulnerable adult: 5 years Ritualized abuse of a child, female genital mutilation of a child: 3 years after notifying law enforcement |
2 years If the victim was a minor, they have 5 years after reaching the “age of majority” (age 23) to file a civil action so long as the incident occurred on or after July 1, 1989. |
| Illinois | Felonies: No limit Misdemeanors: 10 years after the victim achieves the age of adulthood (age 28) Indecent solicitation of an adult, solicitation to meet a child, sexual exploitation of a child: 3 years (or 18 months for misdemeanors) |
2 years No limits in Class X or Class 1 felony cases (aggravated criminal sexual assault, predatory criminal sexual assault, criminal sexual assault) or incidents involving minors. |
| Indiana | Rape: For a Level 1, there is no limit. For a Level 3 felony, prosecution must commence within 5 years (10 years if the victim was under 18). Child molesting: For Level 1 & 2 felonies, there is no limit but prosecution must commence before the victim reaches 31 years of age. For Level 3 & 4 felonies, prosecution must commence within 5 years (10 years if the victim was under 18). Vicarious sexual gratification (fondling in the presence of a minor): Prosecution must be commenced before the victim reaches 31 years of age. Child seduction: Prosecution must be commenced before the victim reaches 31 years of age. Sexual battery: For Level 4 & 6 felonies, prosecution must commence within 5 years (10 years if the victim was under 18). Sexual misconduct with a minor: For Level 1 & 2 felonies, there is no limit. For all remaining felonies, prosecution must be commenced before the victim reaches 31 years of age. Incest: Prosecution must be commenced before the victim reaches 31 years of age. |
2 years For minors, either 7 years from the date of the incident, or 4 years from the end of dependency on the abuser. |
| Iowa | Sexual abuse, incest: 10 years (or 15 years after the victim reaches age 18 if they were a minor) Lascivious acts with a child/minor, indecency with a child, sexual exploitation of a minor: 10 years after the victim reaches age 18 Assault with intent to commit sexual abuse: 3 years (or 10 years after the victim reaches age 18 if they were a minor Indecent exposure: 3 years Exceptions: No limits in cases involving minors. If DNA evidence confirms the identity of the suspect, the statute of limitations is 3 years from the date of identification. |
2 years For minors, 5 years from the date of discovery (applies to all cases in which the incident occurred after July 1, 1990). In cases involving a school employee, counselor or therapist, victims have 5 years from the date of last treatment/enrollment to file a civil action. |
| Kansas | Rape, aggravated criminal sodomy: No limit Sodomy, aggravated sexual battery, indecent liberties with a child, indecent solicitation of a child, sexual exploitation of a child, aggravated incest: 10 years (or 10 years from when the victim turns 18 if they were a minor) Sexual battery, unlawful sexual relations, electronic solicitation, incest: 5 years Exceptions: If DNA testing confirms the identity of the suspect, the statute of limitations is 1 year from that date or the deadline listed by state law—whichever occurs later. |
2 years For minors, within 3 years of achieving adulthood or from discovery, whichever occurs later. |
| Kentucky | Felonies: No limit Misdemeanors: 1 year (5 years for crimes involving minors) |
1 year For minors, 5 years after either the most recent incident, discovery or achieving adulthood, whichever occurs later. |
| Louisiana | Rape: No limit for 1st and 2nd-degree rape; 6 years for 3rd-degree rape Felonies against a minor: 30 years after the victim turns 18 (age 48) Felonies punishable by imprisonment or hard labor: 6 years Felonies not punishable by imprisonment or hard labor: 4 years Misdemeanors punishable by a fine, or imprisonment, or both: 2 years Misdemeanors punishable only by a fine or forfeiture: 6 months Exceptions: If DNA testing establishes a suspect’s identity, the statute of limitations is 3 years from that date—even if the standard statute of limitations has expired. |
1 year For minors, 10 years after achieving adulthood, or 1 year from discovery. |
| Maine | Crimes against minors under age 16: No limit Gross sexual assault: 20 years Sexual abuse of minors (age 16 or older): 6 years for Class A, B or C crimes; 3 years for Class D or E crimes Unlawful sexual contact: 20 years for Class A, B or C crimes; 3 years for Class D or E crimes Unlawful sexual touching: 3 years Sexual exploitation of a minor: 6 years Incest: 6 years for Class C crimes; 3 years for Class D crimes |
2 years No limit for crimes against minors under age 16. |
| Maryland | Felonies: No limit Sexual offense (fourth-degree): 1 year (3 years if the offender was in a position of authority or the victim was a minor) Sexual conduct between correctional or juvenile justice employee and inmate or confined child: 1 year Indecent exposure: 1 year |
3 years For minors, 7 years after reaching the “age of majority.” |
| Massachusetts | Rape, assault with intent to commit rape: 15 years Wanton or reckless behavior creating a risk of serious bodily injury or sexual abuse to a child: No limit Statutory rape and sexual abuse (of a child under 16): No limit Drugging persons for sexual intercourse: 6 years Incestuous marriage or sexual activities: 10 years Exceptions: If the victim is a minor, the clock doesn’t start running until they reach age 16. |
3 years For minors, they must bring a claim within 35 years of the incident or 7 years from when the person discovered or could have been reasonably expected to discover the incident. (The clock does not start running until the victim turns 18.) |
| Michigan | Criminal sexual conduct (first degree): No limit Criminal sexual conduct (second degree): 10 years (15 years for minors or by their 28th birthday, whichever occurs later) Criminal sexual conduct (third or fourth degree), assault with intent to commit criminal sexual contact, female genital mutilation: 10 years (for minors, by their 21st birthday, whichever occurs later) Crimes against nature or sodomy, indecent exposure, gross indecency: 6 years Exceptions: If DNA testing confirms the suspect’s identity, the statute of limitations is 10 years from that date or by the victim’s 21st birthday, whichever occurs later. |
2 years |
| Minnesota | Criminal sexual conduct (1st, 2nd or 3rd degree): 9 years (for minors, either 9 years after commission of the offense or 3 years after the offense was reported to authorities, whichever occurs later) Criminal sexual conduct (4th or 5th degree): 3 years (for minors, either 9 years after commission of the offense or 3 years after the offense was reported to authorities, whichever occurs later) Criminal sexual predatory conduct, child solicitation, incest, female genital mutilation: 3 years Exceptions: If DNA testing confirms the suspect’s identity, there is no limit. |
6 years from when the victim knew or had reason to know that the injury was caused by sexual abuse For minors, the clock starts running when they turn 19 and terminates at age 25. |
| Mississippi | Child fondling, statutory rape, drugging, spousal rape, sexual battery of a child: No limit All other crimes: 2 years |
3 years For minors, the clock starts running when the victim turns 18. |
| Missouri | First-degree rape, first-degree sodomy and felonies against a minor (under 18): No limit All other felonies: 3 years Misdemeanors: 1 year |
5 years For minors, 10 years after turning 21 or 3 years from discovery, whichever occurs later. |
| Montana | Sexual abuse of children, ritual abuse of minors: No limit Sexual assault, sexual intercourse without consent: 10 years (no limit in cases involving minors that occurred after May 7, 2019) Aggravated sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest: 5 years (no limit in cases involving minors that occurred after May 7, 2019) Misdemeanors: 1 year Exceptions: If DNA testing confirms the identity of a suspect after the statute of limitations has expired, the victim will have 1 year from the date of testing to press charges. |
3 years For minors, 3 years after discovery. |
| Nebraska | Sexual assault (first degree), sexual assault of a child (any degree), incest: No limit Sexual assault (second or third degree): 18 months (no limit for crimes against children under 16) Sexual assault by use of electronic communication device, sexual abuse of an inmate, parolee, detainee or protected individual: 3 years |
4 years For minors, the clock starts running at age 21. |
| Nevada | Sexual assault: 20 years (no limit if the victim files a written report within 20 years or by age 36 or 43 in the case of child sex abuse) Luring children or persons with a mental illness, statutory sexual seduction, incest, open or gross lewdness, sexual conduct between certain employees or volunteers of a school and a student, sexual penetration of a dead human body: 3 years Gross misdemeanors: 2 years Exceptions: No limit if DNA testing confirms the identity of a suspect |
2 years For minors, within 10 years of turning 18 (age 28) or 10 years from discovery. |
| New Hampshire | Felonious sexual assault, aggravated felonious sexual assault, incest, indecent exposure: 6 years (or within 22 years of the minor victim’s 18th birthday) Sexual assault: 1 year (or within 22 years of the minor victim’s 18th birthday) Misdemeanors: 1 year |
3 years For minors, 12 years after their 18th birthday (age 30) or 3 years from discovery. |
| New Jersey | Sexual assault, aggravated sexual assault: No limit Criminal sexual conduct, genital mutilation of a female child: 5 years (5 years after turning 18 for crimes against minors or 2 years after discovery, whichever occurs later) Lewdness: 5 years (or 1 year if a disorderly persons offense) Exceptions: If DNA testing confirms the suspect’s identity, the clock starts running from that date. |
2 years For minors, the clock starts ticking at the moment a reasonable person would have discovered the offense. |
| New Mexico | First-degree felonies: No limit Second-degree felonies: 6 years Third or fourth-degree felonies: 5 years Misdemeanors: 2 years |
3 years For minors, they must file a claim by their 24th birthday or 3 years from discovery, whichever comes first. |
| New York | Class A or B felonies: No limit Class C, D or E felonies: 5 years for offenses committed after September 18, 2019 (for minors, the clock starts running on their 23rd birthday) Misdemeanors: 2 years (for minors, the clock starts running on their 23rd birthday) |
5 years |
| North Carolina | Felonies: No limit Misdemeanors: 2 years |
3 years |
| North Dakota | Felonies against a minor (under 18): Within 21 years of the offense if the victim is below age 18, or within 3 years from reporting the offense to authorities Sexual assault, sexual imposition, sexual abuse of wards, sexual exploitation by a therapist, incest: 3 years (or 7 years if aggravated by the use of force) Misdemeanors: 2 years |
2 years For minors, 10 years from the point of reasonable discovery. |
| Ohio | Rape, sexual battery: 25 years Unlawful sexual conduct with a minor, gross sexual imposition: 20 years Importuning, public indecency: 6 years Sexual imposition and other misdemeanors: 2 years |
2 years For minors, 12 years from the victim’s 18th birthday. |
| Oklahoma | Rape, crimes against nature, forcible sodomy: 12 years after discovery of the offense, or by the victim’s 45th birthday Incest, indecent exposure: 3 years |
2 years For minors, the clock starts running on the victim’s 18th birthday or 5 years after the perpetrator is released from custody, whichever occurs later. |
| Oregon | Rape, sodomy, sexual abuse and unlawful sexual penetration (first degree): 12 years (or before the minor victim’s 30th birthday) Rape, sodomy and unlawful sexual penetration (second or third degree), sexual abuse (second-degree), incest: 6 years (for minors, before the victim’s 30th birthday or within 12 years afterthe offense is reported, whichever occurs first) Sexual abuse (third degree): 4 years (for minors, before the victim’s 22nd birthday or within 4 years after the offense is reported, whichever occurs first) Sexual misconduct and other misdemeanors: 2 years |
2 years For minors, they must file a claim by the time they reach age 40 or 5 years from discovery, whichever occurs later. |
| Pennsylvania | Felonies: 12 years (for minors, the clock starts running on the victim’s 18th birthday or expires on the victim’s 50th birthday) Misdemeanors: 2 years |
2 years For minors, 12 years from reaching the “age of majority.” |
| Rhode Island | Sexual assault (first degree): No limit for first degree, 3 years for second or third-degree Child molestation sexual assault: No limit |
3 years For minors, 7 years from the incident or from the point of discovery, whichever occurs later. |
| South Carolina | No limits | 3 years For minors, 6 years from their 21st birthday, or 3 years from discovery. |
| South Dakota | Rape (first or second degree): No limit Rape (third or fourth degree), sexual contact with a person under 16, sexual contact with a person incapable of consent, sexual contact without consent, sexual exploitation of a minor, incest: 7 years or any time before the victim’s 25th birthday, whichever occurs later |
3 years For minors, within 3 years of the incident or discovery. |
| Tennessee | Crimes against a minor under 18: No limit Aggravated rape: 15 years Rape, aggravated sexual battery: 8 years Incest: 4 years Sexual battery: 2 years |
1 year For minors, the clock starts running on their 18th birthday. |
| Texas | Crimes against children: No limit Sexual assault, aggravated sexual assault: 10 years Improper student-teacher relationship, prohibited sexual conduct: 3 years |
2-5 years For minors, the clock typically starts running on the victim’s 18th birthday. No limitation in cases involving a serial rapist. |
| Utah | Rape, statutory rape, forcible sodomy, sexual abuse of a child, aggravated sexual assault: No limit Other felonies: 4 years Misdemeanors: 2 years Exceptions: No limit if DNA testing identifies the suspect in most sex crime cases. |
4 years No limit for minors |
| Vermont | Sexual assault, aggravated sexual assault: No limit Sexual abuse, lewd and lascivious conduct: 6 years (within 40 years for vulnerable adults) Sexual exploitation of an inmate: 3 years |
3 years For minors, within 6 years of the act or discovery. |
| Virginia | Felonies: No limit Misdemeanors: 1 year (for minors, by age 19) |
2 years For minors, the clock starts running on their 18th birthday |
| Washington | Rape (first or second degree), indecent liberties: 20 years (no limit for minors under 16) Rape of a child, child molestation, sexual misconduct with a child (first degree): No limit Rape (third degree): 10 years Incest: 10 years (for minors under 18, up until the victim’s 30th birthday) Sexual misconduct with a child (second degree): 3 years |
3 years For minors, the clock starts running on their 18th birthday and the claim must be filed within 3 years of the alleged act or discovery. |
| West Virginia | Sexual assault, sexual abuse (first degree), incest: No limit Sexual abuse (second or third degree): 1 year |
2 years For minors, the clock starts running on the victim’s 18th birthday. |
| Wisconsin | Sexual assault (first degree), sexual assault of a child (first degree): No limit Sexual assault (second or third degree): 10 years Sexual assault of a child (second degree), sexual exploitation of a child, incest with a child: By the victim’s 45th birthday Incest: 15 years Sexual exploitation by a therapist: 6 years Sexual assault (fourth degree), sexual intercourse with a child 16 or over: 3 years |
2 years For minors, the claim must be filed by the age of 35. |
| Wyoming | No limit | 4 years |
Sources:
https://www.rainn.org/state-state-guide-statutes-limitations
https://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx
Exceptions to the statute of limitations
Each state has certain circumstances that can cause the statute of limitations to “toll” or pause in cases of sexual assault or rape. Some examples of common exceptions that may cause the deadline to be paused include:
- If the accused leaves the state
- If the accused conceals themself so they cannot be served
- If the accused conceal evidence
- If DNA evidence is found
- If the victim is under the “age of majority” (typically 18 years old)
- If the accused committed the offense while serving as a public officer or employee
- If the accused faces other prosecution for the same conduct
- If a defendant voluntarily waives the statute of limitations in writing
Why consult a sex assault lawyer near you
Whether you were the victim of sexual assault or are being accused, it’s in your best interests to consult with a qualified and knowledgeable attorney in your area as soon as possible.
As you can see, the statute of limitations varies significantly based on where you live, the type of offense and other aggravating factors. Even if you think that the statute of limitations has expired, you may be unaware of certain exceptions and unique circumstances that apply to your case to extend the legal deadline.
