While most criminal charges have a statute of limitations preventing the government from charging a crime after certain amount of time, there is no statute of limitations for first degree sex assault or any sex assault on a minor.
This means new sex assault allegations rising from incidents that took place decades ago can be prosecuted. The implication is that a person with a family, career, and life could be arrested for an allegation from an incident that took place in high school – no matter the timeframe between the time the allegation is reported and when the allegation supposedly occurred.
What is a statute of limitations?
A statute of limitations is a time frame when the State can file criminal charges against someone. If criminal charges are not brought against the suspect within the time frame set in the state, it cannot be filed.
In Nebraska, the statute of limitations for misdemeanors is 18 months and most felonies are three years. If there is a continuing course of criminal activity over several years (as is common in felony theft cases), the statute of limitations does not begin until the criminal conduct ends.
While there is a statute of limitations on misdemeanor third-degree sex assault, there is no statute of limitations on allegations involving first or second degree sexual assault or sexual assault with a minor victim.
Most federal crimes have a five-year statute of limitations. Capital offenses, however, no statute of limitations under federal law.
What about the right to a speedy trial?
In Nebraska, the accused has a constitutional and statutory right to a speedy trial. However, this right is not applicable until charges are filed. For example, if criminal charges for an alleged sexual assault of a minor are not filed for 20 years, the length of time between the alleged crime and the filing the charges by the prosecutor is inapplicable. What matters is the length of time between the time the charges are filed and the trial. This can make defending a sex assault case difficult because over the course of 20 years, potential evidence is often lost, and witnesses may disappear or forget details. In sum, the right to a speedy trial has little to do with the statute of limitations.
How can I fight delayed accusations?
John S. Berry , Criminal Defense Lawyer
When it comes to sex assault cases, it is crucial to hire a criminal defense lawyer to best ensure your rights will be protected. If you or someone you know has been charged or is being investigated for sex assault allegations, contact the relentless criminal defense attorneys at Berry Law.
