Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a Criminal Defense Attorney: What Are the Statutes of Limitations on Sexual Assault Accusations in California?

Being accused of sexual assault can ruin a person's life in addition to being frustrating. Everyone should have access to an active, successful criminal defense lawyer who will represent them with dignity. We offer our customers all of that and more at Law Office of Michael L. Fell. Continue reading to find out more about the statute of limitations for sexual assault charges. Afterward, call (949) 585-9055 to schedule a free legal consultation.

The statute of limitations for sexual assault accusations in California

First off, it's crucial to understand that while sexual abuse charges in California are subject to statutes of limitations, there are numerous exceptions that may allow a case to be filed even after the statutes of limitations have passed. The laws are currently being changed, but the most crucial thing to understand about that is that each case is still governed by the statutes in effect at the time of the alleged sexual assault.

The next thing to be aware of is that depending on how the crime is being charged, different statutes of limitations may apply. The prosecution can choose whether to file a criminal charge against the suspected offender when a victim comes forward. The choice to file civil lawsuits is also up to the claimed victim. The statutes of limitations for these two categories of charges vary.

The deadlines for filing criminal charges of sexual assault

There is no statute of limitations for accusations of severe rape in the state of California. This refers to rapes in which a weapon was used, the victim suffered substantial physical harm, or multiple people were involved. The statute of limitations in a case without these aggravating factors is ordinarily six years. But now that DNA analysis has advanced, regardless of how long ago the crime really occurred, if a DNA test can establish the identify of a rapist, charges can be filed within a year of that finding.

A ten-year statute of limitations applies to allegations of child molestation. Of course, there is a one-year window after the victim reports the crime to the police in which the case may be prosecuted. The ten-year statute is currently in effect, despite the fact that it frequently becomes meaningless in practice.

The governor approved a law ending the statute of limitations for rape charges in September 2016. As a result, any alleged sexual assault cases that arise after this date may be investigated at any time, even 50 years after the purported assault took place.

We hope you will engage with a criminal defense lawyer if you are in California and are being investigated or charged with rape or any other crime. Call (949) 585-9055 right away to schedule a free legal consultation with Law Office of Michael L. Fell.