If you hear a term like “sex crimes,” it’s probably enough to make you cringe. These crimes happen, though, and when they do, they can negatively impact a victim’s life. That’s why the legal system always tries to punish those who commit such crimes to the fullest extent the law allows.
Some sex crimes have no statute of limitations, but others do. In this article, we’ll talk about that. We will cover what the statue of limitations means, why it’s important, and also when you can possibly get around it as a victim.
What Constitutes a Sex Crime?
If you hear someone use the term “sex crime” that’s a broad category of criminal offenses. They include any crime where someone exploits a victim, coerces them, or forces them to do something of a sexual nature to which they didn’t consent.
You might think of rape when you hear the term sex crime, and that definitely falls into this category. Sexual assault applies as well. Child molestation belongs in this category, as does the making or possession of child pornography.
Indecent exposure counts as a sex crime. It’s also a sex crime if you’re legally an adult, but you have consensual sexual contact with someone who the state still considers a minor.
What Does the Statute of Limitations Mean?
As for the statute of limitations, if you’re talking a criminal offense, it means a length of time that the law allows during which the legal system can charge you with a crime. If you pass out of that length of time, the law can no longer charge you.
Certain exceptions exist. Normally, though, if you did something that the law can no longer charge you with due to the statute of limitations, then you can face no further criminal penalties.
In some instances, even if you pass out of the length of time during which the law can still charge you, then you might still face a civil action. There’s still a chance that a jury will side with the alleged victim if that happens.
Why It Matters
The statute of limitations exists in most instances mainly to try to protect individuals from lawsuits that the law feels will create an unfair or unjust situation. For instance, if someone hits your car and injures you, and you decide twenty years later that you want to sue them, it makes little sense that you should legally have that option.
However, if you’re talking about the statute of limitations regarding many sex crimes, that’s different. You can regard the laws surrounding that kind of prosecution much differently than those in place to protect individuals against civil actions.
Various States Have Different Statutes of Limitations for Sex Crimes
In the past, almost all sex crimes had a statute of limitations attached to them. However, these days, some do not.
You need to understand, though, that every state has different laws in place surrounding sex crimes and the statutes of limitations that go with each one. For instance, in Alaska, prosecutors can charge someone with an alleged rape that happened 20 years ago, since there’s no statute of limitations.
In Massachusetts, there’s a 15-year rape statute of limitations. In New York, there’s a five-year sexual assault statute of limitations.
Factors Impacting These Situations
You should also know some of the factors that impact sex crimes and what the law can do about them. For instance, most serious crimes, like felonies, usually have a longer statute of limitations attached.
Statutes of limitations also typically start right after the crime. However, exceptions sometimes exist if the victim doesn’t realize that a crime even took place.
If you factor in DNA evidence, that can also impact various sex crime situations. For example, if law enforcement officials uncover DNA evidence of a sex crime many years after it allegedly occurred, they might skirt the normal statute of limitations governing such things.
How the Statute of Limitations Can Sometimes Backfire
If you talk to different people about how they feel about statutes of limitations for sex crimes, you will quickly find that some individuals oppose them, while others feel they should remain in place. If you’re a victim, you might find that sometimes, a statute of limitations may get in the way of you seeking justice.
For instance, say that you’re an adult, and suddenly, something triggers some memories from your childhood that you repressed. Maybe you see an article of clothing or a toy from your past, and that brings back memories of abuse. Perhaps you recall that a parent or stepparent molested you.
If so, maybe you’re well past the statute of limitations. In that situation, perhaps you can’t try to get the police to charge your abuser in that state.
On the other hand, maybe someone accuses you of molesting them many years ago. However, you did nothing of the kind.
In that situation, you might feel glad that the statute of limitations exists. It’s possible that someone can remember something that happened during their childhood incorrectly. You can avoid having to appear in court to try to clear your name if you’re well past the statute of limitations.
What the Experts Say
You might occasionally run into scenarios where the statute of limitations may protect a person from criminal prosecution who might otherwise have to address a false accusation. Still, most individuals who study sex crimes feel these statutes shouldn’t exist.
Psychiatrists and psychologists who help abuse survivors note that many victims repress these sorts of painful memories. Because of that, they content that these survivors should have the option of pressing charges against someone who abused or assaulted them, even if it’s many years later.
Since there’s no consensus on whether a statute of limitations for sex crimes should exist, the arguments surrounding them will probably continue. You can likely see how they might benefit some survivors, but they’re part of an imperfect system.