Is there a statute of limitations for sexual molestation of a child?
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Is there a statute of limitations for sexual molestation of a child?
Asked on August 9, 2011 New Jersey
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Statute of limitations for any crime varies from state to state. While every state has no statute of limitations for murder, more and more states are devising new legislation so that the statute of limitations is extended for sex crimes. A number of states have no statute of limitations for Class A felonies, which are considered the most serious crimes. These crimes include rape crimes and the age of the victim is irrelevant. It is noteworthy that rape crimes, do not mean only forcible rape, but also statutory rape. Also, sexual assault may be considered a rape crime. The states that have no statute of limitations for Class A felonies are: Florida, Indiana, Connecticut, Kentucky, Michigan, Missouri, Louisiana, New Mexico, Rhode Island, South Dakota, Vermont, and New Jersey.
However, the prosecution for aggravated sexual assault or criminal sexual conduct must commence within five years after the offense was committed. If at the time of the offense the victim was under 18, the prosecution must occur within five years after the minor reaching 18 years of age or within two years after the discovery of the sexual offense; whichever time period is later. There is an exception to this time period rule for prosecution which deals with finding DNA, which permits more time for prosecuting the offender.
You can also contact a criminal defense attorney who can provide more details and guidance in this area.
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