What You Need to Know About the Statute of Limitations for Sexual Assault Cases By State
The statute of limitations refers to the legal deadline a state allows an individual for filing lawsuits such as sexual assault cases. The statute of limitations allotted for sexual assault cases vary and may differ by state. Below are each state’s sexual assault statute of limitations.
The distinction between civil and criminal cases appears in the chart below. The government brings criminal cases against a citizen to determine if the defendant is guilty of a criminal offense. A citizen brings civil cases against another citizen or business to determine if the defendant is liable for the plaintiff’s damages. Contact an experienced sexual assault attorney to most accurately determine the best distinction.
Individuals should note there are varying statutes of limitations depending on the type of criminal charge for sexual assault brought in a certain state. Listed below are the statute of limitations for an individual bringing a felony sexual assault charge in every state.
Related: Sexual Coercion vs Sexual Assault: What’s the Difference?
Sexual Assault Statute of Limitations by State
State | Civil Cases | Criminal Cases (Felony Charges or Most Serious Cases) | Exceptions for DNA evidence? |
Alabama | 2 years | 21 years or more | No |
Alaska | 3 years | 21 years or more | No |
Arizona | 2 years | 21 years or more | No |
Arkansas | 3 years | 21 years or more | Yes
If DNA evidence leads to the identification of an offender, no statute of limitations exists |
California | 10 years for adults OR 3 years from the date of discovery if the incident occurred earlier than 2019
In cases of minors until their 40th birthday OR within 5 years of their discovery of the abuse |
21 years or more | Yes
The state extends the statute of limitations one year after DNA identifies a suspect |
Colorado | None | 11-20 years | Yes
For certain crimes, if the victim reports within 10 years and the defendant is identified, no statute of limitations exists |
Connecticut | No time limit for sexual assault of the first-degree
3 years |
10 years or less | Yes
For certain crimes, if the victim reports within five years and the defendant is identified, no statute of limitations exists |
Delaware | 2 years
No time limit for cases involving minors |
21 years or more. | Yes
For certain crimes with a five year statute of limitations, the state extends the statute of limitations to ten years with DNA evidence |
District of Columbia (D.C.) | 3 years
If the victim was a minor, they have until their 21st birthday |
11-20 years | No |
Florida | 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 |
10 years or less | Yes
If the sex offense occurred after 2006 and identifies a suspect with DNA evidence, no statute of limitations exists |
Georgia | 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 until a person reports the crime to authorities. |
11-20 years | Yes
For certain offenses, no statute of limitations exists if DNA identifies the perpetrator |
Hawaii | 2 years
The statute of limitations pauses if the victim is a minor until they turn 18 |
10 years or less | Yes
If a perpetrator DNA match is found within 10 years, then 10 years is added |
Idaho | 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. |
21 years or more | No |
Illinois | 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. |
10 years or less | Yes
If the victim reports within three years of the crime and the perpetrator’s DNA evidence appears in the state’s database within 10 years of the crime and it does not identify the perpetrator, no statute of limitations exists |
Indiana | 2 years
For minors, either 7 years from the date of the incident, or 4 years from the end of dependency on the abuser. |
21 years or more | Yes
The state extends the statute of limitations to one year after the state first discovers DNA evidence sufficient to charge the perpetrator |
Iowa | 2 years
For minors, 5 years from the date of discovery (applies to all cases where 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. |
10 years or less | Yes
After DNA evidence identifies the perpetrator, the state increases the statute of limitations to within three years of identification |
Kansas | 2 years
For minors, within 3 years of achieving adulthood or from discovery, whichever occurs later. |
21 years or more | Yes
The state extends the statute of limitations for any sexually violent offense to one year after DNA evidence identifies the perpetrator |
Kentucky | 1 year
For minors, 5 years after either the most recent incident, discovery or achieving adulthood, whichever occurs later. |
None | No |
Louisiana | 1 year
For minors, 10 years after achieving adulthood, or 1 year from discovery. |
21 years or more | Yes
The state increases the statute of limitations by three years after DNA evidence identifies the perpetrator |
Maine | 2 years
No limit for crimes against minors under age 16. |
10 years or less | No |
Maryland | 3 years
For minors, 7 years after reaching the “age of majority.” |
None | No |
Massachusetts | 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 time does not begin until the victim turns 18.) |
11-20 years | No |
Michigan | 2 years | 21 years or more | Yes
If DNA evidence exists without identifying the perpetrator, no statute of limitations exists. Once identification through DNA is confirmed, there is a statute of limitations of 10 years |
Minnesota | 6 years from when the victim knew or had reason to know that the sexual abuse caused the injury
For minors, the time does not begin until the victim turns 19 and terminates at age 25. |
10 years or less | Yes
No statute of limitations exists the state is collecting and preserving DNA evidence |
Mississippi | 3 years
For minors, the time does not begin until the victim turns 18. |
21 years or more | No |
Missouri | 5 years
For minors, 10 years after turning 21 or 3 years from discovery, whichever occurs later. |
21 years or more | No |
Montana | 3 years
For minors, 3 years after discovery. |
10 years or less | Yes
If DNA evidence identifies the suspect after the statute of limitations expires, prosecutors have an additional year to file charges |
Nebraska | 4 years
For minors, the time does not begin until age 21. |
21 years or more | No |
Nevada | 2 years
For minors, within 10 years of turning 18 (age 28) or 10 years from discovery. |
10 years or less | No |
New Hampshire | 3 years
For minors, 12 years after their 18th birthday (age 30) or 3 years from discovery. |
10 years or less | No |
New Jersey | 2 years
For minors, the time begins the moment a reasonable person would have discovered the offense. |
21 years or more | Yes
If DNA evidence leads to identifying a suspect, then the statute of limitations begins when the state has the evidence leading to the initial identification of the suspect in possession |
New Mexico | 3 years
For minors, they must file a claim before their 24th birthday or 3 years from discovery, whichever comes first. |
21 years or more | Yes
If DNA evidence exists but no suspect identification, the statute of limitations does not start until the state identifies the suspect |
New York | 5 years | 21 years or more | Yes
Established through case law |
North Carolina | 3 years | None | No |
North Dakota | 2 years
For minors, 10 years from the point of reasonable discovery. |
10 years or less | Yes
If DNA identifies the suspect, the statute of limitations extends for three years after identification |
Ohio | 2 years
For minors, 12 years from the victim’s 18th birthday. |
11-20 years | Yes
If present, a John Doe indictment based on DNA evidence adds time to the statute of limitations |
Oklahoma | 2 years
For minors, the time starts at the victim’s 18th birthday or 5 years after the police release the perpetrator from custody, whichever occurs later. |
11-20 years | Yes
If the person reports the crime within 12 years of the occurrence and a DNA match exists, the statute of limitations extends three years |
Oregon | 2 years
For minors, they must file a claim before they reach age 40 or 5 years from discovery, whichever occurs later. |
11-20 years | Yes
If DNA evidence identifies a suspect after the statute of limitations has expired, they can change based on degree of charge |
Pennsylvania | 2 years
For minors, 12 years from reaching the “age of majority.” |
11-20 years | Yes
The statute of limitations extends to one year after DNA establishes the identity of a perpetrator |
Rhode Island | 3 years
For minors, 7 years from the incident or from the point of discovery, whichever occurs later. |
21 years or more | No |
South Carolina | 3 years
For minors, 6 years from their 21st birthday, or 3 years from discovery. |
None | No |
South Dakota | 3 years
For minors, within 3 years of the incident or discovery. |
21 years or more | No |
Tennessee | 1 year
For minors, the time begins on the victim’s 18th birthday. |
11-20 years | No |
Texas | 2-5 years
For minors, the time begins on the victim’s 18th birthday. No limitation in cases involving a serial rapist. |
10 years or less | Yes
No statute of limitations exists if DNA identifies an unknown suspect |
Utah | 4 years
No limit for minors |
21 years or more | Yes
No statute of limitations exists if DNA identifies an unknown suspect |
Vermont | 3 years
For minors, within 6 years of the act or discovery. |
21 years or more | No |
Virginia | 2 years
For minors, the time starts on their 18th birthday |
None | No |
Washington | 3 years
For minors, the time starts on their 18th birthday and the victim must file the claim within 3 years of the alleged act or discovery. |
10 years or less | Yes
The statute of limitations extends one year after DNA establishes the perpetrator’s identity |
West Virginia | 2 years
For minors, the time starts on the victim’s 18th birthday. |
None | No |
Wisconsin | 2 years
For minors, they must file the claim before the age of 35. |
21 years or more | Yes
In certain circumstances, if the state collects and analyzes DNA evidence, the statute of limitations increases for a short period of time |
Wyoming | 4 years | None | No |
Related: Is a Forced Kiss Sexual Assault?
All information above is accurate as of June 16th, 2022. State statutes regarding statute of limitations for civil and criminal cases of sexual assault are subject to change based on degree and many have exceptions outside of DNA evidence. Individuals should consult the state website where the incident occurred for further information on the statute of limitations for both civil and criminal sexual assault cases. Consult with a qualified and knowledgeable sexual assault attorney to file a sexual assault case.
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