CHILD ABUSE; CIVIL PROCEDURE; CONSTITUTIONAL LAW; CRIMINAL PROCEDURE; SEX CRIMES; STATUTE OF LIMITATIONS;

CHILD ABUSE;

OLR Research Report


November 26, 2003

 

2003-R-0882

STATUTE OF LIMITATIONS IN CHILD SEXUAL ASSAULT CASES

By: Sandra Norman-Eady, Chief Attorney

You asked whether the criminal and civil statutes of limitations for child sexual assault apply retroactively. You also wanted to know the (1) criminal and civil statute of limitations applicable to a crime of sexual assault committed between 1990 and 1994 against a minor between ages 15 to 18 and (2) current statutes of limitations.

SUMMARY

RETROACTIVITY OF STATUTES OF LIMITATIONS

Criminal Statutes

Civil Statutes

SEXUAL ASSAULT STATUTES OF LIMITATIONS APPLICABLE TO CRIMES COMMITTED IN THE EARLY 1990’S

TABLE 1: Child Sexual Assault Statutes of Limitation

1990-1994

Year of Crime

Criminal Statute of Limitations

1990—Before 10/1/90

Five years after the crime was committed.

1990—On and after 10/1/90

Two years after the victim reaches age 18 or seven years, whichever is less, but in no event less than five years after the crime was committed.

1991

Two years after the victim reaches age 18 or seven years after the crime was committed, whichever is less, but no less than five years after the crime was committed.

1992

Same as 1991

1993—On and After 7/1/93

Two years after the victim reaches age 18 or up to five years from the date he notifies the police or a prosecutor of the crime. But in either case, at least five years after the crime was committed.

1994

Same as 1993

CURRENT CRIMINAL SEXUAL ASSAULT STATUTE OF LIMITATIONS

SN-E: eh