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Statute of Limitations on Rape State by State

Posted on by JACK MKHITARIAN

Statute of Limitations on Rape State by State

The statute of limitations is the time during which someone can be prosecuted for an alleged crime. After the statute of limitations expires, the state can no longer file charges against the accused. Each state sets its own statutes of limitations for its various criminal offenses.

What Is the Statute of Limitations on Sexual Assault?

The statute of limitations on sexual assault varies from state to state. A guide for each statute of limitations on rape, state by state, is provided below.

Alabama

Alabama does not enforce a statute of limitations for rape, sexual abuse with violence or threat of violence, or sexual offenses against victims under sixteen years old. 

Alaska

There is no statute of limitations for sexual assault or sexual abuse against a minor in Alaska. Committing a sexual offense against someone who is unaware, incapacitatied, or mentally incapable has a ten-year statute of limitations. 

Arizona

Arizona does not have a statute of limitations for any of the following offenses:

  • Violent sexual crimes,
  • Sexual assault, or
  • Sexual conduct with a minor under fifteen or perpetrated by a family member/guardian.

The statutory period begins when the victim knows the identity of their attacker.

Arkansas

There is a six-year statute of limitations on rape and a three-year statute of limitations on sexual assault in Arkansas.

California

California imposes a ten-year statute of limitations on rape. However, the victim gets an extra year to file their complaint if the identity of the suspect is conclusively established by DNA testing.

Colorado

There is a ten-year statute of limitations on sexual assault charges in Colorado

Connecticut

Connecticut imposes a five-year statute of limitations on sexual assault and a thirty-year statute of limitations for sexual assault of a minor. 

Delaware

There is no statute of limitations for Class A felonies in Delaware.

Florida

Florida does not impose a statute of limitations on charges of sexual battery of a minor. 

Georgia

There is no statute of limitations in Georgia for sexual assault against a minor committed after July 1, 2012. Georgia imposes a fifteen-year statute of limitations on charges of rape.

Hawaii

In Hawaii, sexual assault, Class A has a six-year statute of limitations. Sexual assault against a minor has a three to six year statute of limitations. 

Idaho

There is no statute of limitations on rape charges in Idaho.

Illinois

The statute of limitations for sexual abuse and sexual assault is ten years if the crime was reported to authorites within three years. If the offense was not reported to authorities, the statute of limitations is three years.

Indiana

There is no statute of limitations on Class A, level one or two rape charges in Indiana. There is a five-year statute of limitations on Class B, C, D, level three, four, five, and six rape charges.

Iowa

There is a ten-year statute of limitations on sexual abuse charges in Iowa.

Kansas

There is no statute of limitations on rape charges in Kansas.

Kentucky

There is no statute of limitations on rape or felony sex abuse charges in Kentucky.

Louisiana

There is no statute of limitations on forcible rape charges in Louisana.

Maine

There is no statute of limitations on rape charges in Maine.

Maryland

There is no statute of limitations on felony sexual offenses in Maryland.

Massachusetts

Massachusetts imposes a fifteen year statute of limitations for rape charges.

Michigan

There is no statute of limitations on first degree criminal sexual conduct in Michigan.

Minnesota

There is a three-year statute of limitations on criminal sexual conduct charges in Minnesota.

Mississippi

There is no statute of limitations on rape charges in Mississippi.

Missouri

There is no statute of limitations on forcible rape charges in Missouri.

Montana

Montana imposes a ten-year statute of limitations for sexual assault and sexual intercourse without consent.

Nebraska

There is no statute of limitations on sexual assault charges in Nebraska.

Nevada

There is a four-year statute of limitations on sexual assault charges in Nevada.

New Hampshire

New Hampshire imposes a six-year statute of limitations on sexual assault charges.

New Jersey

There is no statute of limitations on sexual assault charges in New Jersey.

New Mexico

New Mexico does not impose a statute of limitations on criminal sexual penetration resulting in bodily harm or to a victim under thirteen.

New York

There is no statute of limitations on rape charges in New York.

North Carolina

There is no statute of limitations on rape charges in North Carolina.

North Dakota

North Dakota imposes a seven-year statute of limitations on gross sexual imposition with serious bodily injury charges.

Ohio

There is a twenty-year statute of limitations on rape charges in Ohio.

Oklahoma

Oklahoma imposes a twelve-year statute of limitations on rape charges.

Oregon

There is a six-year statute of limitations on rape charges in Ohio.

Pennsylvania

Pennsylvania imposes a twelve-year statute of limitations on rape charges.

Rhode Island

There is no statute of limitations on rape, first degree sexual assault, or child molestation charges in Rhode Island.

South Carolina

There is no statute of limitations on rape charges in South Carolina.

South Dakota

There is no statute of limitations for first or second-degree rape in South Dakota. The statute of limitations for third and fourth degree rape is before the victim turns twenty-five or within seven years of the offense, whichever is longer.

Tennessee

Tennessee imposes an eight-year statute of limitations for rape and aggravated sexual battery charges.

Texas

There is no statute of limitations on sexual assault if there is DNA evidence available for testing. Absent DNA, the statute of limitations for sexual assault is ten years in Texas.

Utah

There is no statute of limitations on rape charges in Utah.

Vermont

There is no statute of limitations on aggravated sexual assault charges in Vermont. 

Virginia

There is no statute of limitations on felony criminal sexual assault charges in Virginia.

Washington

In Washington, the statute of limitations expires for first and second degree rape after ten years if the offense was reported to authorities within one year. If it was not reported, the statute of limitations is three years for adult victims.

West Virginia

West Virginia does not impose a statute of limitations for felony sex offenses.

Wisconsin

There is no statute of limitations on first-degree sexual assault and first-degree sexual assault of a child charges in Wisconsin.

Wyoming

There is no statute of limitations on rape charges in Wyoming.

Is There a Statute of Limitations on Statutory Rape?

Yes, most states have a statute of limitations on statutory rape.

Contact New Mexico Criminal Law Offices to Discuss the Statute of Limitations on Rape Charges

Our attorneys at New Mexico Criminal Law Offices have focused on defending the accused against criminal charges since 1997. We are committed to helping our clients secure a favorable outcome in their case.