A statute of limitations is the length of time someone can press charges against you for a crime. The statute of limitations on sex crimes depends on the type of crime as well as various other factors. In some cases, sex crimes don’t have a statute of limitations in California.
In many cases, this time limit can be critical to protecting your rights if you are charged with a crime, and a Los Angeles sex crimes lawyer can offer you the guidance you need to navigate it.
California Statute of Limitations on Sex Crimes
Some types of serious sex crimes do not have any statute of limitations, meaning there is no time limit in which legal action can be taken against the party accused. That means that even if years pass, it is possible for the prosecutor to seek legal action against you. Some examples of the Criminal Statutes of Limitations for California include:
- Forcible rape under Penal Code § 261
- Rape in concert pursuant to Penal Code § 264.1
- Continuous sexual abuse of a child in violation of Penal Code § 288.5
This law, which was put into effect more recently, applies to any new offenses committed in the state after January 1, 2017. It also applies to offenses that occurred prior to January 1, 2017, for which the statute of limitations has yet to run out. If you believe your case falls into one of these areas, hiring a crime defense attorney for sex crimes in California is critical to protecting your rights.
For a free legal consultation, call (310) 896-2723
Statute of Limitations for Sex Crimes Against Minors
The laws in California provide more time for some types of sex crimes committed against minors. Regardless of whether there is a statute of limitations for sex crimes, any instance in which the minor was abused prior to the age of 18 extends their ability to file legal action until they reach the age of 40. That gives the victim more time to take legal action, including:
- Forcible rape
- Oral copulation
- Lewd acts on a minor
- Penetration by an object
In many situations of a minor being sexually abused, this type of charge can happen many years after the person claims the incident has happened. That makes it very difficult to find evidence to back up your claims of innocence, and it can make the case more challenging overall. Working with a California sex crimes attorney is critical, and our FAQs section offers more information about the law.
Other Statutes of Limitations on Sex Crimes
In many other cases, the statute of limitations for a felony sex offense that is not covered by any other section of the Penal Code is 10 years. This is also where those convicted must register as a sex offender. Each situation is vastly different.
Keep in mind that under Section 290© of the Penal Code, acts such as distributing harmful material to a minor do not have the same statute of limitations. Misdemeanor sex offenses such as sexual battery also do not follow this 10-year rule. If the specific type of sex crime you are facing is not listed here, it is critical that you reach out to a sex crimes attorney to determine what you are facing.
Your rights to seek legal defense if you are charged with a crime are very clear under the US Constitution. It is never wise to go into a courtroom, even assuming the statute of limitations does not apply without legal guidance. Contact our attorneys to learn more about your case and what you can expect moving forward.
Situations Where the Victim Chooses Not to Report
Under California law, the police and the prosecutor can move a case forward even if the victim chooses not to report. In doing so, the victim’s choice to report or not does not impact the statute of limitations in the case. That is a critical factor to keep in mind as you pursue legal defense strategies in your case.
DNA Evidence Found Later
One of the exceptions to the California statute of limitations for sex crimes is the revolution of new evidence. Specifically, if DNA evidence leads to the identification of a sexual offender, then the statute of limitations no longer applies. The state can pursue legal action against a party no matter how long it has been since the crime occurred.
The Maximum Statute of Limitations for Sex Crimes in California
Various types of felony convictions can take place, and often, the statute of limitations in those situations is eliminated. For the most serious sexual crimes that do have a statute of limitations, the longest time frame is 21 years. Remember, some crimes have no time limit to them.
How a Sex Crimes Defense Attorney Can Help You
In situations where you are facing charges against you of a sex crime, the value of hiring a defense attorney is incredible. You are faced with potential jail time, fines, as well as a lifetime of stigma and potential registry on the sex offender list if you are convicted of a crime. Even if you think the truth is on your side, you still need an attorney there, too.
With the help of a criminal defense attorney in California, you gain knowledge about the legal rights you have. That includes if and when a statute of limitations applies in your case, how long that is, and what factors could lead to an exception of it. Setting up a consultation with a criminal defense attorney is an important step for nearly all facing these charges.
Do not assume that what you are accused of from years ago cannot come back to hurt you. These accusations can come back in California, and in many cases, you could find it hard to prove you did not do it. Work with an attorney who can help you pursue fair legal action according to the California penal code.
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Schedule a Consultation with a Criminal Defense Attorney for Sexual Crimes in California
The statute of limitations on sex crimes in California can be complex. Our criminal defense attorney can help you understand your options. Contact us now for a consultation at the Simmrin Law Group.
Call or text (310) 896-2723 or complete a Free Case Evaluation form