What is the statute of limitations for child sexual abuse?

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   Aaron Hall, Minnesota Lawyer on Nov 16, 2011 Log in to Reply

   The statute of limitations depends on the circumstances. As you may know, there are a number of statutes of limitations that may apply to criminal conduct in Minnesota. A careful analysis of the circumstances is necessary to determine the statute of limitations for each situation, but here are the general rules for criminal sexual abuse of a minor:

   Minnesota Statute of Limitations for Child (Minor) Sexual Abuse

   • For a sex offense (first, second, or third degree) if physical evidence is collected and preserved that is capable of being tested for its DNA characteristics, there is no statute of limitation.
   • For a sex offense (first, second, third, or fourth degree) against a victim under 18 years of age if DNA evidence is not collected and preserved that is capable of being tested for its DNA characteristics, the statute of limitation is the later of nine 9 after commission of offense or 3 years after the offense was reported to law enforcement.
   • For a sex offense (first, second, or third degree) against a victim 18 years old or older if DNA evidence is not collected and preserved that is capable of being tested for its DNA
     characteristics, the statute of limitation is 9 years after commission of offense.

   Suspended Statute of Limitations

   The running of all of these statutes of limitations is suspended (i.e., tolled) during the following:

   1. * any period of time during which the defendant did not usually reside within Minnesota
   2. * any period during which the defendant participated in a pretrial diversion program relating to the offense
   3. * any period during which physical evidence relating to the offense was undergoing DNA analysis, unless the defendant demonstrates that the prosecuting or law enforcement agency purposefully delayed the DNA analysis procedure in order to gain an unfair advantage

   The general rule is that a statute of limitations begins to run when a crime is complete. A crime is complete when every element of the offense is satisfied. Absent a statute providing otherwise, a period of limitation runs without interruption from the time the offense is committed until the prosecution is commenced.

   Some courts have recognized that, when an offense is a continuing one, the period of limitation does not begin to run until after the defendant’s activities end.

   Recent Statute of Limitations Changes in Minnesota

   The following information summarizes recent changes to the criminal statute of limitations:

   1989 Law Changes by the Minnesota Legislature:

   Criminal sexual conduct cases involving minors. In 1989, the legislature added a unique feature to the limitations period for child sex abuse to allow prosecution long after the offense occurred if the victim did not report the offense within the usual limitations period. This feature was added out of concern that many child sex abuse victims either repress their memories of the offense, are afraid to talk about it, or do not understand until adulthood that the behavior was unlawful. The legislature provided that, in these cases, the offense could be charged anytime within two years after the offense was reported to law enforcement, but not after the victim reached 25 years of age.

   1991 Law Changes by the Minnesota Legislature:

   Criminal sexual conduct case involving minors. The 1991 Legislature extended the limitation period that applies to criminal sexual conduct against a victim under age 18 from two years to three years after the offense was reported to law enforcement authorities and struck language stating that the indictment or complaint could not occur after the victim reached 25 years of age. The legislature also provided a separate seven-year limitations period to criminal sexual conduct offenses against a victim 18 years of age or older.

   Consult an Attorney

   Please note that these statute of limitations are frequently amended. These are current as of November 2010. You can find the statute of limitations for these criminal violations at Minnesota Statutes section 628.26. Of course, you should consult an attorney ASAP if you are a victim of sexual abuse.

   DISCLAIMER: This information may be inaccurate or out of date. You absolutely should consult with your own attorney before acting on any information here. By using this site, you are agreeing to our Terms of Use.

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