Statute of limitations for Statutory Rape?


What is the statute of limitation in this
state for statutory rape/child molestation?

Criminal Prosecutions Citation: Ann. Code § 5-1-109

The statute of limitations for rape may extend for a period of 15 years, during which time a claim may be filed if it is based on DNA testing.

The statute of limitations for certain offenses extends if the offense occurred against a minor, the offense was not previously reported to the police or prosecuting attorney, and the applicable limitations period had not expired since the minor reached 18 years of age. The offenses included are:

  • Battery in the 1st and 2nd degree
  • Aggravated assault
  • Kidnapping
  • Sexual assault in the 1st to 4th degree
  • Incest
  • Endangering the welfare of a minor in the 1st degree
  • Permitting child abuse
  • Engaging children in sexually explicit conduct for use in visual/print medium
  • Transportation of minors for prohibited sexual conduct
  • Use of a child or consent to use a child in sexual performance
  • Producing or directing sexual performance by a child
  • Computer child pornography
  • Computer exploitation of a child in the 1st degree

Generally, the following statutes of limitations apply:

  • For a class A or class Y felony, it is a period of 6 years.
  • For a class B, class C, class D, or unclassified felony, it is a period of 3 years.
  • For a misdemeanor, it is a period of 1 year.
Civil Actions limitation: Code §§ 16-56-116; 16-56-130
  • The statute of limitations extends for a minor entitled to bring a claim for a period within 3 years after he or she reaches 21 years of age.
  • The statute of limitations for a claim based on sexual abuse against a minor that is not discovered by the minor until after he or she reaches 18 years of age extends for a period within 3 years after he or she discovers the sexual abuse.