Many crimes have a statute of limitations the law attaches to them. The court system might have various reasons for doing this. However, in some instances, even if the statute of limitations passes for a violation of the law, that doesn’t mean the person who committed the crime can escape from a civil action.
If you look at sex crimes, you’ll sometimes see a statute of limitations attached. That applies for criminal and civil penalties.
Understanding the statute of limitations for sex crimes becomes crucial if you’re thinking about suing someone for an action that you feel violated you. You should also try to understand the statute of limitations for criminal penalties attached to this person’s action. By comprehending what civil action you might take and what a prosecutor can do about the situation, you should have an idea of whether the individual you allege harmed you will ever have justice meted out against them.
Some people feel like it’s good that many states have statutes of limitations regarding certain sex crimes. Others don’t like having those statutes. You should know that every state views these kinds of crimes a little differently, and the statutes of limitations each one has typically reflect that.
In this article, we’ll talk about pros and cons having to do with sex crime statutes of limitations. As you read them, you might find that you’re taking one side more than the other. It is everyone’s prerogative how they feel about this particular issue.
What Constitutes a Sex Crime?
First, let’s define sex crimes to make sure that you know what we mean when we use this term. Sex crimes fall into a rather large legal category. In the most general sense, sex crimes mean any criminal acts of a sexual nature.
Making or distributing child pornography falls into the sex crimes category. So does raping or sexually assaulting someone. Sexual harassment falls into this category. Having sexual contact with someone who the state considers a minor also lands you on the list of individuals who committed a sex crime.
You can probably think of some other examples as well. The law often views sex crimes in a particularly harsh light, and rightly so.
What Does a Statute of Limitations Mean?
As for the term “statute of limitations,” this means there’s a designated length of time during which you can bring a civil action against someone for a perceived crime or violation against you. There’s usually also a statute of limitations regarding how long the court system can take action against a person who allegedly committed a crime.
Sex crime statutes of limitations often exist, but you can also find many other categories of crimes that have statutes of limitations attached. The statute usually applies in terms of both potential civil and criminal penalties.
Now, let us look at the pros and cons of having statutes of limitations attached to sex crimes.
Pros of Having a Statute of Limitations for Sex Crimes
If you look at having a statute of limitations for many sex crimes, you can probably think of some pros with very little trouble. For one thing, if you have a statute of limitations in place, then when someone commits an alleged sex crime, there’s an incentive for the violated person to report their action to the authorities quickly.
That’s probably something that most people regard as positive. If someone doesn’t report that an individual harmed them sexually, then they might internalize what happened. They might resort to alcohol or drug use to bury the pain. They may suffer in many other areas of their lives as well.
If you have a statute of limitations for sex crimes, that also means someone who says an individual molested them or did something else illegal can’t bring those charges against them 20 years down the line, or even 50. After that much time, it’s extremely hard to prove that anything occurred.
If there’s a statute of limitations in place, then someone who alleges that an individual or group of people harmed them can probably come up with physical evidence or find eyewitnesses easier. If they’re trying to find physical evidence or to produce eyewitnesses decades later, that could prove almost impossible.
Cons of Having a Statute of Limitations for Sex Crimes
As for cons connected to having a statute of limitations for sex crimes, most people point to the inability of individuals to get justice years after the alleged incident. Maybe you have a situation where someone blocked the memories of their childhood abuse out of their minds. They did so as a way of compartmentalizing what happened.
Years later, they may remember in therapy what took place. At that point, maybe they’re past the statute of limitations, so they can’t try to get the courts to charge the perpetrator with abuse.
However, it’s possible the alleged victim can still bring a civil action against the person or group of people who they say harmed them. Some states still allow this, though proving sexual abuse years after the fact becomes more difficult.
What’s the Best Option?
If you think about it, you might land firmly on one side of this discussion or the other. However, many people can see both sides of this argument.
Even if you’re one of the individuals who feels that statutes of limitations need to exist for criminal penalties in sex abuse or assault cases, though, you might still feel amenable toward states allowing lawsuits years after the fact. It’s usually easier to get a verdict in your favor via a civil action than to get a jury to convict someone of a criminal act.
At the very least, if someone remembers an alleged sexual trauma that someone caused years later, then they can then sue that person and perhaps get some money from them. They won’t see this individual get jail time, but at least they can make a public accusation.
