Statute of Limitations for Sexual Abuse by State

94% of women who experience rape or sexual assault will also experience symptoms of post-traumatic stress disorder in the two weeks after the incident.

Around one in three of those women will still be coping with significant PTSD symptoms nine months after the rape.

Considering the mental and physical impacts of this type of crime, it’s wise to consider the statute of limitation on sexual assault incidents in your state. Doing so will give you a better idea of how long you have to seek justice through either the criminal or civil courts in your local area.

Making a decision on how to proceed after the incident and best upholding your rights can feel insurmountable with the emotional distress you’re experiencing, so it might be in your best interest to consider hiring an attorney for help. Below, we’ll go over everything you need to know about the statute of limitation laws and how they could impact your potential case.

Why Statutes of Limitations Matter in Sexual Abuse Cases

Is there a statute of limitations on sexual assault? Yes. In general, there is a statute of limitations, or a legal time limit, in which survivors can pursue criminal or civil justice. The criminal statute of limitations puts a limit on the time a survivor can file charges against the perpetrator, and the civil statute of limitations puts a deadline on when a survivor can file a legal claim for compensation.

These legal time limits vary based on the state and the severity of the crime. For example, what is the statute of limitations for rape? Rape statute of limitations laws are extremely complex, especially because some states have taken steps towards the elimination of statutes for sex crimes and there are several exemptions that could impact the ultimate deadline. Felony sex crimes statutes tend to have a longer time limit and deadline than misdemeanors.

These deadlines are critical to the effective issuance of justice because they protect both the defendants and plaintiffs. Having a time limit ensures that justice will be pursued in a timely manner, which is in everyone’s best interests. Over time, evidence can degrade making it almost impossible to discern fact from fiction.

Statute of limitations laws are also important because if you don’t adhere to them, then you could forfeit your legal rights. This could mean not being able to pursue criminal charges or a legal claim for compensation against the perpetrator even if you’d be entitled to do so otherwise.

State-by-State Guide to Sexual Abuse Statute of Limitations

The statute of limitations for sexual assault varies based on two main factors: state law and the type of claim you’re pursuing. State-specific statutes of limitations provide specific time limits on both criminal and civil sexual assault claims. Below, we’ll give you an overview of each state’s laws.

• Alabama: Felony abuse: 3 years, Misdemeanor abuse: 1 year
• Alaska: Sexual abuse against unaware, incapacitated, or mentally incapable victim: 10 years, Other sexual abuse: 5 years
• Arizona: Sexual conduct with a minor: 7 years
• Arkansas: Rape: 6 years, Sexual assault: 3 years
• California: Rape: 10 years
• Colorado: Sexual assault: 10 years
• Connecticut: Sexual assault: 5 years
• Delaware: None
• Florida: Sexual battery with threat or force: 4 years, other sexual battery: 3 years
• Georgia: Forcible rape: 15 years
• Hawaii: Class A sexual assault: 6 years, other sexual assault: 3 years
• Idaho: Rape: None, sexual abuse: 5 years
• Illinois: sexual abuse or assault: 10 years if reported within 3 years or within 3 years
• Indiana: Rape (class A, level 1,2): None, Rape (class B, C, D, level 3, 4, 5, 6): 5 years
• Iowa: sexual abuse: 10 years
• Kansas: Rape: none, sexually violent crimes: 10 years
• Kentucky: Felony sex abuse or rape: none, Misdemeanor sex abuse: 1 year
• Louisiana: Forcible rape: none, sexual offenses: 30 years
• Maine: Rape: none, unlawful sexual contact or sexual assault: 8 years, sexual offense (class D or E): 3 years
• Maryland: Felony sex offense: none, Misdemeanor: 1 year
• Massachusetts: Rape: 15 years, other sexual offenses: 6 years
• Michigan: Criminal sexual conduct (1st degree): None, criminal sexual conduct (2-4th degrees): 10 years
• Minnesota: Criminal sexual conduct: 3 years
• Mississippi: Rape: None, other sexual offense: 2 years
• Missouri: Forcible Rape: None, other sexual offenses: 2 years
• Montana: Sexual assault: 10 years, other felony sexual offense: 5 years
• Nebraska: Sexual assault: none, other felony sexual offenses: 3 years
• Nevada: Sexual assault if written report made before statute of limitation expires: none, sexual assault: 4 years
• New Hampshire: Sexual assault: 6 years
• New Jersey: Sexual assault: None, other sexual offenses: 5 years
• New Mexico: Criminal sexual penetration resulting in bodily harm: None, criminal sexual penetration (2nd degree): 6 years, criminal sexual penetration (3rd and 4th degrees): 5 years
• New York: Rape: None, other felony sex offenses: 5 years
• North Carolina: Rape and other felony sexual offenses: None
• North Dakota: Gross sexual imposition with serious bodily injury: 7 years, other felony sex offenses: 3 years
• Ohio: Rape, sexual battery: 20 years
• Oklahoma: Rape or forcible sodomy: 12 years
• Oregon: Rape, sodomy, sexual abuse: 6 years
• Pennsylvania: Rape, sexual assault, sexual abuse: 12 years
• Rhode Island: Rape, 1st degree sexual assault: none, other sexual assault: 3 years
• South Carolina: Any criminal prosecution: none
• South Dakota: Rape (1st or 2nd degree): None, Rape (3rd and 4th degree): 7 years, other sex offenses: 7 years
• Tennessee: Aggravated rape, aggravated sexual battery: 4 years, aggravated rape: 15 years, aggravated sexual battery: 8 years, other sexual offenses: 2-4 years
• Texas: Sexual assault: 10 years, other felony sex offenses: 3 years
• Utah: Rape, aggravated sexual assault: None, forcible sexual abuse: within 8 years if reported within 4 years, other felonies: 4 years
• Vermont: Aggravated sexual assault: None, sexual assault: 6 years
• Virginia: Felony criminal sexual assault: None
• Washington: Rape (1st or 2nd degree): 10 years if reported within 1 year, Rape if not reported within 1 year: 3 years, other felony sex offenses: 3-6 years
• West Virginia: Felony sex offense: None, misdemeanor sex offense: 1 year
• Wisconsin: Sexual assault (1st degree): None, other felony sexual assault: 6 years
• Wyoming: Any criminal prosecution: None

Key Exceptions to Statutes of Limitations

One of the most common exceptions to the statute of limitations for assault is when the incident occurred to a person when they were a minor. When this type of situation occurs, the statute of limitations for rape or sexual assault will begin on that person’s 18th birthday.

Another exception would be if the injury wasn’t reasonably discovered until after the statute of limitations date had passed. For instance, a survivor might not reasonably discover that they contracted HIV from a sexual attack until the infection manifests years later. In this type of situation, the statute of limitations would begin on the date the injury was reasonably discovered.

One of the biggest factors that could impact the sexual assault statute of limitations on a criminal case is DNA evidence exceptions. Sometimes, a positive DNA match doesn’t occur for months, years, or even decades after an attack. In these situations, it makes sense that the case should proceed once the match is determined. The statute of limitations in this case would begin upon the reasonable discovery of the DNA match.

Recent Changes in Sexual Abuse Statutes of Limitations

One of the biggest changes to the statute of limitations on sexual assault laws occurred on the federal level in 2022. The Eliminating Limits to Justice for Child Sex Abuse Victims Act allows federal civil lawsuits related to child sex abuse to be free of any set limitation. Many states have also moved to take similar action.

How to File a Sexual Abuse Claim Within the Deadline

If you’ve been attacked or sexually abused, then understanding the various statutes of limitations for sex crimes is only one aspect of filing a successful claim. To ensure you file your claim within the deadline, it’s best to hire a lawyer to help. You’ll want to get started on your case as soon as you can to avoid any problems.

How an Attorney Can Help Advocate for You

The aftermath of a sexual assault or rape is extremely unsettling for survivors. Not only do survivors have to unpack exactly what happened to them, but they’re also thrust into a world where they feel unsafe.

Despite being attacked, they’re expected to be competent and secure enough to fight back and fully advocate for themselves legally.

Clearly, that can feel like an unmanageable task while you’re still attempting to deal with the emotional and physical impacts of the assault. The right lawyer will be your best source of legal support and should fully advocate for you by:

• Explaining the laws surrounding sexual assault and rape.
• Identifying your legal options for recovery.
• Explaining everything you need to know about how to file a legal claim or pursue criminal charges.
• Assisting with investigations, evidence collection, and documentation processes.
• Helping you identify and prove the extent of your losses.
• Handling any communication with the other party or their legal team.
• Maximizing your potential settlement award.

On top of this, your attorney will ensure that you meet any sex crime prosecution deadlines or statute of limitations limits when pursuing a case. They’ll ensure you take all the appropriate steps to officially report the crime and file a lawsuit, as well as make sure you fulfill any victim reporting requirements as well.

If you plan on pursuing a criminal case, then your attorney will expound on felony versus misdemeanor classifications and help you levy the right charges against your abuser based on the severity of the attack.

Depending on the circumstances of the incident, your attorney might also be able to help you join existing lawsuits against your perpetrator or utilize previous cases as evidence to support your case. For instance, the ongoing Mormon abuse lawsuits across the country can be used as both validation and support if you faced institutionalized religious sexual abuse or the institution helped cover up the abuse.

The right attorney will help you consider all these different legal avenues to help you develop the strongest possible case and secure justice.

Are You Ready to Talk to a Lawyer?

Here at Kermani LLP, our team of highly skilled, compassionate, and empathetic sexual abuse attorneys understand the unique difficulties you’re facing after experiencing an attack. We understand how difficult it is to talk about what happened, let alone stand up for yourself and advocate for yourself fully.

Unfortunately, legal time limits for prosecution and civil lawsuits exist, meaning you’ll have to take action fairly quickly to ensure your rights remain intact.

We want to stand up beside you as your best legal advocate.

Since being established in 2011, our team has successfully pursued over 2,500 claims and recovered over $100 million for our clients. We have the experience, knowledge, and skills you need to secure the payout that you deserve.

Are you ready to get started? Schedule a free case evaluation with our team now to learn more about how we can advocate for you and help you pursue justice.