Understanding sexual abuse statute of limitations and other information on sexual assault can help survivors take control and know their rights.

In Pennsylvania, the statute of limitations for sex crimes ranges from two years to twelve years. According to the Rape, Abuse & Incest National Network (RAINN), the statute of limitations depends on the severity of the crime and whether or not it involves a minor.

Crimes with a statute of limitations of two years include: institutional sexual assault (in a hospital, school, or other institution); sexual assault by sports official, volunteer, or employee of nonprofit association; indecent assault; unlawful contact with a minor (if the crime is classified as a third degree felony); and sexual exploitation of children.

The most severe crimes have a statute of limitations of 12 years. These include: rape; statutory sexual assault; involuntary deviate sexual intercourse; sexual assault; aggravated indecent assault; incest; and sexual abuse of children.

However, there are exceptions to the statutes of limitations. If a misdemeanor or felony sexual offense is proven by DNA evidence, the prosecution of these charges can be commenced within the period of limitations or within one year after the identity of the individual is determined (whatever occurs later).

The period of limitations may also start or stop depending on a variety of conditions including if the accused is continuously absent from the jurisdiction area or if the accused is being prosecuted for the same conduct.

Additionally, the period of limitations may not begin if the victim is a child under 18 years of age, where the abuse involves “injuries to the person of the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child’s parents or by a person responsible for the child’s welfare, or any individual residing in the same home as the child, or a paramour of the child’s parent.”

Pennsylvania lawmakers have recently turned their attention to reforming the state’s statutes of limitations for sexual abuse and assault. Due to the statute of limitations, some individuals have been unable to take legal action against their abusers or assailants.

This issue has gained significant attention in the past year after an August 2018 grand jury report revealed widespread sex abuse against children in the Catholic Church, with some cases dating back several decades. However, changes in statutes of limitations would benefit survivors of sexual abuse far beyond the scope of the church.

Survivors of sexual abuse have been unable to take legal action for incidences that happened in their childhood due to the statute of limitations regarding these crimes, which has prompted lawmakers such as Bryan Cutler to fight for the expansion of these limitations. Cutler, who was recently elected to be House Majority Leader in Pennsylvania, says that expanding sexual assault statute of limitations should be a priority.

Pennsylvania lawmakers point to the recently passed Child Victims Act in New York which allows survivors of sexual abuse to seek damages regardless of their age. According to CNN, laws like this would help survivors of sexual abuse and assault, regardless of how long ago they were abused.

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This article is not legal advice. It is presented
for informational purposes only.