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Statue of Limitation for Section 130.35 Rape in the first degree

New York

My girlfriend was the victim of rape in the first degree during the ages of 6-10, years 1976 - 1980. The occurance went unreported until now. We are confused as to the statue of limitations regarding this offense. Could she still press charges for these occurances? She turned 18 in 1988. Being a class B felony, how many years would she have to file a complaint, 5, 25? If the limitation has passes, does she have any other legal options (ie: civil)?

Criminal Prosecutions
Citation: Crim. Pro. Law § 30.10

The statute of limitations for certain offenses against a child will not begin until the child reaches 18 years of age or until the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier. The offenses included are:

  • Sexual offense
  • Incest
  • Use of a child in a sexual performance

The statute of limitations for sexual conduct in the 1st or 2nd degree is a period within 5 years after commission of the offense.
Generally, the following statutes of limitations apply:

  • For a class A felony, there is no statute of limitations.
  • For any other felony, it is a period within 5 years after commission of the offense.
  • For a misdemeanor, it is a period within 2 years after commission of the offense.
Civil Actions
Citation: Civ. Practice Laws & Rules § 208
  • The statute of limitations will not begin for a minor entitled to file a claim until he or she reaches 18 years of age if the limitations period otherwise prescribed for the claim runs for 3 years or more and ends no later than 3 years after the minor reaches 18 years of age.
  • The statute of limitations for filing a claim that has a limitations period of less than 3 years extends for a minor entitled to file a claim for the period during which he or she is under 18 years of age.
  • The statute of limitations period will not last beyond 10 years after the cause of action arises.


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