How long do I have to press sexual assault charges after an assault has occurred?

Question

My stepfather sexually assaulted me when I was 4 and 13. Is it too late to press charges?

Jerrie Weiss · Answer

Depends on how old you are now.

Mark Leonardo · Answer

You did not indicate how old you are now.  You should contact your local police to inquire about the time frame to press criminal charges.

Michael J. Breczinski · Answer

Depends on how old you are now.  Just go to the police.

Melvin Franke · Answer

You need to make a police report and ask the police to send it to the Prosecuting Attorney.  He will decide whether or not to prosecute.

David Stoddard · Answer

There is no statute of limitations to bring criminal charges for sexual assault.  It does become more difficult, however, with the passage of time. You should contact the law enforcement agency in the City or County where the assaults occurred.

Austin Hirschhorn · Answer

Under Michigan law if you are under the age of 23 years you could still file a complaint because the statute requires that a complaint be filed by age 21 or within 10 years of the last offense.  If the sexual assault is a forcible rape there is no statute of limitations.  If you qualify under the statute you should immediately report what happened to you to the police.

Clayton Lockhart · Answer

Check your state's statute of limitations statute, or simply contact your local district attorney's office and relay your story. They will know if the statute has run on your case.  In most areas there is a 7 year statute for most crimes, the most notable exception is murder).  The question to answer is when does the statute begin to run. I would think that for crimes that happened to you when you were age 3 and 14 that you would be given some additional time since you were only a minor and wouldn't have been allowed to sign the affidavits on your own.  Again, I would advise you to contact the district attorney's office.

Bradley Cornett · Answer

In Alabama, the statute of limitations for the personal injury claim of a minor is tolled until the minor reached the age of majority (which is 19 in Alabama).   You should consult with an attorney to discuss in more detail. Most attorneys will provide a free initial consultation without obligation.

William C. Gosnell · Answer

Until you are 19.

Mark Smith · Answer

It depends If you want to bring charges I suggest you report the incident   to the police and let the authorities take it from there.

Larry Dunn · Answer

It is never "too late" to report a sexual assault. The law treats sexual   assault charges differently from other types of crimes and "late" reporting  is  not uncommon given the young age of the victims. Whether the perpetrator  can be  prosecuted depends on several factors which the police and  prosecutor will  review. Reporting the crime may also lead to the discovery of other   victims.

Barbara A. Fontaine · Answer

Go to the police right away! If this is hard, you may want to go to a women's center for some support. But do it. It probably is not too late.

Dennis Roberts · Answer

Call the D.A. and they can tell you. It depends on how old you are now. I think it is 6 years after you "discover" it which is not as silly as it sounds  as a lot of people repress a memory of something like this which only surfaces later. You can also sue the sick bastard.

Jason Savela · Answer

No, you can still report him.

Michael Yeksavich · Answer

How old are you now?  There is a statute of limitations on the crime and it may  have ran out.  Also, if a case is old or stale a DA may not want to file the  case.

Dean Valente · Answer

Impossible to say since you don't indicate your current age.  In some instances the courts have allowed such charges based upon spontaneous recollection of suppressed memories while in therapy many years later.

Gregory Crain · Answer

You didn't say how old you are.

Gary Russell · Answer

You should contact your county prosecutor.  It is impossible to advise you as you did not state your current age.

Michael Garber · Answer

It depends on where you are. In some states you have as much as 25 years before the statute of limitations runs out.

Dennis P. Mikko · Answer

You don't say how old you are now so an accurate answer cannot be made.  If you want to pursue this further you should contact your local police department.

Michael Edwards · Answer

On a child sex abuse case there is no statute of limitation, until the offense is reported to law enforcement.  So, if the abuse has never been reported to law enforcement, the statute of limitation has not started to run yet.  You could talk to your local police authorities, and report the abuse, and let them take it from there.  Good luck!

John Jordan · Answer

You normally have 1 year after reading the age of majority to file suit and try to press charges.  The age of majority in Oklahoma is 18.

Ryan Berman · Answer

You didn't indicate how old you are now.

Terry Nelson · Answer

Criminal charges?    You can TRY to file with police where it occurred, subject to statute of limitations restrictions they can discuss with you.  It is within their discretion whether to file and pursue charges.    Civil lawsuit?     In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority [18] or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later?    Thus, your 26th birthday is the final time to file suit, unless you can prove the much disputed  recovered memory  claim.  The longer after the incident, the less likely to have a viable case.   IF you are still timely under those rules, you still have to face the burden of proving that it occurred, and you suffered legal recognizable damages which are worth substantial enough verdict value to justify spending the time, money and emotional investment in the case, just like any personal injury case.

Mark R. Thiessen · Answer

No, it's not too late.  The outcry can take as long as you need.  Just call the police and file charges.

Matthew Sharp · Answer

No. There is no statute of limitations for sexual assault of a child.

James Schoenberger · Answer

Depends on your age now. The Statute of Limitations does not begin to run until you are 18. Make a police report.

Leonard Harden · Answer

18 years after you turn21.  So it depends.  Cases that are old are often more difficult to obtain a conviction.

Bernard Huff · Answer

You did not disclose your current age. Are you now an adult? You should seek the  advice of either a criminal law attorney or discuss the alleged child sexual assault charge with the local county prosecuting attorney's office.

Paul Whitfield · Answer

Depends on what precise laws might have been broken, how old you are etc. why don't you talk  to the local DA and see what he thi nks. He will know the answer and he can tell you whether it is wise to proceed.

Jared Altman · Answer

Criminal limitations periods: There is no time limit for class A felonies. For all other felonies the time limit is five years. For misdemeanors the time limit is two years and the time limit is one year for violations. There are no time limits on warrants.

Nathaniel Shafer · Answer

In your question, you don't say how old you are now so it's impossible to answer accurately. Talk to a prosecutor and find out if it's too late. In Utah, the statute of limitations is 4 years from the day you turn 18  your 22nd birthday. Special circumstance might extend that time.

Andrew Myers · Answer

It may or may not be too late.

George Gingo · Answer

It depends on how old you are now and whether you had repressed memories.  You need to talk to a lawyer.

Leonard A. Kaanta · Answer

There is time limit to press such charges.

Vincent Bernabei · Answer

It depends on how old you are now.

William Spern · Answer

Talk to local police immediately. Let them decide.

Jeffrey Tuttle · Answer

If you can prove the assault occurred, you can seek monetary damages via a civil claim as well.

Michael Heilmann · Answer

In general, A minor has until their 18th birthday plus one year to file a suit. There are some exceptions to the statue of limitations that may apply. You should consult a lawyer.

Bruce Arthur Plesser · Answer

Doubtful but up to prosecutor.

Irving Blank · Answer

How old are you now? When did this occur? What was the nature of the sexual battery? These three questions must be answered before your question can be answered. If you call your local Commonwealth Attorney's office, they will answer you.

John Brennan · Answer

How old are you now is the first question.  If you are speaking to criminal prosecution, see your county prosecutor.

Ronald A. Steinberg · Answer

I actually handled a case like that, so I have some "real world" experience.  It depends on your age now.  Basically, this is considered an "intentional" act, and so it only has a 2 year Statute of Limitations.  However, since you were a child when it happened, you could bring suit through an adult (as a child you cannot make contracts) until your 18th birthday.  However, on turning 18, as an adult you can file suit in your own name until your 19th birthday.  Failure to sue before your 19th birthday will bar you from any recovery.  My client had been so traumatized by the repeated sexual assaults that she had a complete mental breakdown.  The law protected her because she was under a disability, and so I was able to file suit as soon as her therapist gave me a report that said that she was now capable of assisting me pursue her claim.

Britany Engelman · Answer

No, it is not too late to press charges. Reference the recent criminal trial against Jerry Sandusky. Most of the things he was tried for occurred decades ago.

Gary Moore · Answer

You should call the police to ask this question or call the county prosecutor's office and ask for the sex crimes unit.

Robert De Groot · Answer

It may not be. Contact the local state attorney's office or perhaps the statewide prosecutor's office to find out more.

Kevin Habberfield · Answer

Probably not. Go ask the cops.  Good luck.

Stuart Nachbar · Answer

I am not sure, please contact your local police department or county prosecutor.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

How long do I have to press sexual assault charges after an assault has occurred?

48 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer