Is There a Statute of Limitations on Sex Crime Allegations?

Wisconsin law tries to give prosecutors all the tools that they think they will need in order to prosecute allegations of sex crimes. One way that the law does this is by giving prosecutors more time to bring charges for certain sex crimes. The statute of limitations for the charge depends on the type of sex crime.

The Statute of Limitations Is Waived or Lengthened for Many Sex Crimes

For some serious cases, Wisconsin law waives the statute of limitations for sex crimes in its entirety. That means that prosecutors have an unlimited amount of time to file charges, even decades later. The statute of limitations is completely waived for the following charges:

●    First-degree sexual assault

●    First-degree sexual assault of a child

●    Repeated acts of sexual assault of the same child for certain serious offenses

Some victims of sexual assault do not come forward until years later. These laws allow prosecutors to file charges no matter if the person states the allegations well into their adult years. Law enforcement can charge adults decades later if they allegedly assaulted a child regularly.

For other alleged sex crimes against children, prosecutors still have a lengthened period of time to file charges. There is a long list of sex crimes that provide that a defendant can still be charged until the time that the child grows up and turns 45 years old. This list includes second-degree sexual assault and sexual exploitation of a child.

While the general statute of limitations for felonies in Wisconsin is six years, there is a longer period for other sex crimes, even if a child is not involved. For example, the statute of limitations for second and third-degree sexual assault is ten years. Finally, there is a six-year period to bring charges against an adult for exposing their genital area.

You Can Fight Charges Filed Years Later

When charges are filed many years after the fact, recollections may be hazy. However, the law tries to encourage people to come forward many years later because there is a strong legal interest in holding guilty people accountable. Nonetheless, there is an opening to defend against sex crimes charges that are filed many years afterward because memories can fade and evidence can be lost. If you have been charged with one of these crimes decades later, you have a possible legal defense.

If you have been contacted by law enforcement or learn that you are under investigation, you need to call a lawyer immediately. Even if the charges relate to very old allegations, you could still make serious mistakes on your own. Your legal rights are the same no matter when the case is filed.

Call an Experienced Criminal Defense Lawyer

Call the attorneys at The Cohen Law Offices at (715) 514-5051 or contact us online to discuss your sensitive legal matter. We believe that everyone deserves the strongest possible legal defense and will fight for you no matter the allegations.