Reporting a rape is a difficult, personal choice for many victims. It means talking about the assault to friends and family — possibly the public — and working with a system that routinely shames, blames, and marginalizes victims.
In many states, it also means beating the clock.
Thirty-four states impose limits on when a rape case can be brought forward, ranging from 3 to 30 years after the assault. These statutes of limitations were created to ensure that evidence presented in trial has not deteriorated over time. But some crimes, such as murder or sexual abuse of a child, have been deemed too heinous to warrant any limitation. Several states have now extended that same protection to rape and sexual assault, too.
When states do pose a statue of limitations on rape cases, it varies based on the severity of the crime. Hawaii, for example, gives victims six years to prosecute charges for first-degree sexual assault but only three years for second- or third-degree. On the other end of the spectrum, the California State Assembly recently voted to repeal its 10-year limit on all felony sexual abuses. The bill still has to pass the Senate and governor before it becomes law.
Below, find out what the time limit is in your state — or whether it has a statue of limitations at all:
Alabama: No statute of limitations
Alaska: No statute of limitations
Arizona: No statute of limitations
Arkansas: six years for first-degree offenses, three years for second, third and fourth
California: No statute of limitations for raped committed after 2017
Colorado: 10 years
Connecticut: five years
Washington, D.C.: 15 years for first- and second-degree offenses, 10 years for third- and fourth-degree
Delaware: No statute of limitations
Florida: No statute of limitations for sexual battery with physical force or deadly weapon; four years for first degree offenses, three years for any other degree
Georgia: 15 years for rape, four years for all other felony sex offenses
Hawaii: six years for first-degree offenses, three years for second and third, two years for fourth
Idaho: No statute of limitations
Illinois: 10 years if assault is reported to authorities within three years, three years otherwise
Indiana: No statute of limitations for level 1 or 2 offenses, five years for all other felony sexual offenses
Iowa: 10 years
Kansas: No statue of limitations for rape, 10 years for all other felony sex offenses
Kentucky: No statute of limitations
Louisiana: No statute of limitations
Maine: eight years for class A, class B, or class C crimes involving unlawful sexual contact or gross sexual assault, three years for all other felony sex offenses
Maryland: No statute of limitations
Massachusetts: 15 years
Michigan: No statute of limitations for first-degree offenses, 10 years for all other felony sex offenses
Minnesota: nine years
Mississippi: No statute of limitations
Missouri: No statute of limitations
Montana: 10 years
Nebraska: No statute of limitations for first- or second-degree offenses, three years for other felony sex offenses
Nevada: 20 years
New Hampshire: six years
New Jersey: No statute of limitations
New Mexico: No statute of limitations for first-degree offenses, six years for second degree, five years for third- and fourth-degree
New York: No statute of limitations for first-degree rape, five years for second- and third-degree
North Carolina: No statute of limitations
North Dakota: seven years for gross sexual imposition, three years for all other felony sex offenses
Ohio: 20 years
Oklahoma: 12 years
Oregon: 12 years for first-degree offenses, six years for second- and third-degree
Pennslyvania: 12 years
Rhode Island: No statute of limitations for first-degree offense, three years for second- and third-degree
South Carolina: No statue of limitations
South Dakota: No statute of limitations for first- or second-degree offenses, seven years for third- or fourth-degree
Tennessee: 15 years for aggravated rape, eight years for rape
Texas: 10 years
Utah: No statute of limitations
Vermont: No statue of limitations for aggravated sexual assault, six years for sexual assault
Virginia: No statute of limitations
Washington: 10 years for first- and second-degree offenses, three years for third degree
West Virginia: No statute of limitations
Wisconsin: No statue of limitations for first-degree offenses, six years for second or third degree, three years for fourth degree
Wyoming: No statute of limitations
*all statutes based on felony sex offenses committed by actors over the age of 18, on victims over the age of 18. Statutes according to the Rape, Abuse & Incest National Network, last updated February 4, 2019.
