In New York, for example, forcible touching, defined as intentionally forcibly touching the intimate parts of another person (including grabbing, squeezing or pinching), is a misdemeanor, and criminal action against the perpetrator must start within two years of the offense. In Texas, “prohibited sexual conduct” requires legal action against the offender within three years of the offense. Here is a guide to the statute of limitation in other states. It ranges from no statute of limitations for rape or sexual abuse with violence, to one year for misdemeanor sexual abuse.
Accusing someone of sexual harassment or violence is hard to do, which is a major reason many victims wait years before making allegations, if they decide to at all. And unfortunately for those victims, they may not see their harassers brought to justice through the legal system if they wait too long.
That’s because each state has a different law about the statute of limitations, the amount of time the state has to charge the alleged perpetrator.
The states also have their own rules for statutes of limitations when the victim of sexual abuse is a minor. In California, for example, sex crimes against minors have to be prosecuted before the victim turns 40.
There are statutes of limitations for many other crimes, which are also decided by state, with the exception of homicide, which has no limit.
For crimes considered less serious, especially those that don’t involve violence, the statute of limitations may be shorter; in Maryland, for example, the statute of limitations for unlawfully using a driver’s license or using a false name when applying for a driver’s license is two years. In West Virginia, the statute of limitations for petty larceny or perjury is three years.
“Prosecutors by and large are there to do the right thing, but they also have to move on cases that have sufficient evidence”, said Rebecca O’Connor, the vice president of public policy for the Rape, Abuse & Incest National Network (RAINN), an organization that advocates for victims and raises awareness about sexual assault.
“The biggest barrier to prosecution of rapists and enforcing laws that do exist is that victims don’t feel comfortable coming forward, for fear they won’t feel believed, and being afraid of a system that will challenge their account”, O’Connor said.
When states have short statute of limitations laws for sexual harassment, victims may not be aware of them, or may not decide to make their allegation to law enforcement in time. In New York, victims must file sexual harassment charges with the Equal Employment Opportunity Commission within 300 calendar days of when the last incident of harassment occurred.
The topic became part of the national conversation again recently as many women have alleged the Hollywood executive Harvey Weinstein sexually harassed or assaulted them over the past several decades.
Rape cases face similar hurdles. California ended its statute of limitations on rape and sexual assault cases in 2016.
New York has separate laws for rape in the first, second and third degree. There is no time limit to start criminal action against an attacker for rape in the first degree, but for the second and third degree it must happen within five years. First-degree rape involves physical force or threat of death, injury or kidnapping, or when the victim is physically helpless, younger than 11 years old, or younger than 13 when the defendant is 18 years or older. Second-degree rape involves a victim less than 15 years old and a defendant 18 years or older, or a victim who is incapable of consent because of being mentally disabled or incapacitated. Third-degree rape involves a victim who is younger than 17 with a defendant 21 or older, a victim who is incapable of consent or when a person’s consent is withheld for some other reason.
When numerous women accused comedian Bill Cosby of drugging and assaulting them over several decades, his alleged victims organized campaigns to end statutes of limitations for rape cases. Only one woman, Andrea Constand, was able to actually file a criminal case against him because she alleged he drugged and sexually assaulted her more recently, in Philadelphia in 2004. Constand filed before Pennsylvania’s 12-year statute of limitations law expired.
RAINN and other organizations have worked with law enforcement to make victims feel more comfortable coming forward with accusations if they wish to do so, O’Connor said. But many victims still choose not to pursue criminal charges against their attackers. “Justice is going to mean something different for every survivor”, she said.
There are sometimes other problems in rape cases, she said, such as a backlog of results from rape kits; sometimes, the kits aren’t sent for testing in time to meet the time limit to prosecute, she said. Some states have added exceptions to their statute of limitation rules for that scenario.
Some victims, even if they didn’t file criminal charges within their allotted window, still choose to file civil cases against their attackers, for damages including emotional distress or loss of productivity at work, O’Connor said.
Others choose not to file a suit, but will become anti-assault advocates and speak publicly about their experience, she said.
Actress Rose McGowan, for example, has recently spoken about her experiences of abuse in Hollywood, including at the Women’s Convention in Detroit this October.
“I have been silenced for 20 years. I have been slut-shamed. I have been harassed”, she said.
RAINN has its own “bureau” of volunteer speakers who make public appearances, including more than 1,500 survivors of sexual violence.
Of course, an unfortunate reality of sexual abuse and assault is that many perpetrators continue to offend, especially if they are not charged criminally, O’Connor said. “Our hope is that regardless of what happens with a claim, someone will pursue healing and supportive services”, O’Connor said.
