Statute of Limitations on Sex Crime Charges Involving Juveniles

Sex crimes are serious criminal offenses in Indiana, and sex crimes involving juveniles are taken extremely seriously. It is important to know that being accused of a sex offense involving a juvenile victim can still result in prosecution many years later — long after the statute of limitations in other types of criminal cases would have run out. The statute of limitations varies in sex crime cases involving juveniles, and it varies based on the specific offense and the age of the juvenile. If you are facing any type of sex crime charge involving a juvenile and you believe the prosecution’s case against you may be time-barred, it is important to seek legal help as soon as possible.

Periods of Limitations for Sex Crimes 

Under IC 35-41-4-2, many types of sex offenses have a five-year statute of limitations. This means that the prosecution must charge you with the crime within five years from the date that you were alleged to have committed it. However, there are extended statutes of limitations in many sex crimes involving juveniles.

For the offense of child molesting under IC 35-42-4-3, there is no set term statute of limitations. This means that you can be charged with child molesting no matter how much time has passed since the offense was alleged to have occurred. For offenses of child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, or incest, charges generally must be brought under Indiana law before the alleged victim turns 31 years old.

However, there are exceptions to that rule. In sex crime cases involving juvenile victims, a case that would otherwise be time-barred must be brought within five years from the date that one of the following occurs:

• State first discovers new DNA evidence that is sufficient to bring charges;
• State first becomes aware of a recording that is sufficient to bring charges; or
• Person confesses to the sex crime.

In short, many sex crime charges involving juveniles can be brought many years after the date of the alleged offense.

Difference Between Criminal and Civil Statute of Limitations 

It is important to know that, even if you cannot face criminal charges for a sex crime involving a juvenile, that juvenile may still be able to file a civil lawsuit against you — even if a significant amount of time has passed. There are different statutes of limitations for criminal and civil cases in Indiana, and sometimes a party can file a civil lawsuit even years after the statute of limitations on the criminal case has run out.

While you cannot be sentenced to jail time in a civil case, you can be required to pay damages.

Contact a Criminal Defense Attorney in Indianapolis

 If you are facing any type of criminal charges for a sex offense involving a juvenile victim that is alleged to have occurred quite some time ago, it is critical to seek advice from an attorney who can help to determine whether or not you can still be tried for this criminal offense. As we have discussed above, the statute of limitations varies widely depending on the specific sex crime that a person is being charged with by the prosecution. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can speak with you today about your case. If the prosecution can still move forward with a case against you — if the statute of limitations has not run out — we can discuss defense options based on the details of your case. Contact us for more information.

Sources: 

law.justia.com/codes/indiana/title-35/article-41/chapter-4/section-35-41-4-2/

casetext.com/statute/indiana-code/title-35-criminal-law-and-procedure/article-42-offenses-against-the-person/chapter-4-sex-crimes/section-35-42-4-3-child-molesting