Statute of limitations is the amount of time a person or prosecutor has to file a lawsuit. If the statute of limitations expires before a lawsuit is filed, the case will be dismissed. The state of Minnesota has different statutes of limitations for criminal and civil sexual abuse. These statutes vary depending on the timing of the abuse. The state also has different filing deadlines for adult and child sexual abuse cases. The statute of limitations that applies to the lawsuit is the one that existed at the time of the abuse, so even though the statute of limitations might have been increased since the incident, it usually will not renew time-barred cases.
Civil Lawsuits for Sexual Abuse Statute of limitations
When a civil lawsuit for sexual assault or abuse is filed, the plaintiff can demand compensation for the pain and suffering they endured, as well as economic damages. In Minnesota, you must file a civil sexual abuse case within the following timelines:
- Childhood Sexual Abuse: If the victim is under 24 years old on or after 5/23/2013, there is no statute of limitation
- Adult Sexual Abuse: 6 years
- Vicarious Liability of an Organization: A lawsuit must be filed before the victim’s 24th birthday
If you were sexually abused at your workplace, you might also be eligible to file a sexual harassment lawsuit under federal law. You must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days of when you were sexually abused. After you file a claim, the EEOC will investigate and determine if it will pursue a lawsuit on your behalf. If the EEOC doesn’t litigate your claim, it will issue a Right to Sue letter. If you receive this letter, then you must file a lawsuit within 90 days.
Criminal Sexual Abuse Statute of Limitations
State of Minnesota can file a criminal case on behalf of a victim if they notify law enforcement that they were sexually abused. The authorities will investigate your claims and a prosecutor might file charges against the person who committed the abuse. If the suspect is found guilty of criminal conduct, they can be sentenced to jail time and forced to register as a sex offender.
The statute of limitations for crimes in Minnesota vary depending on how severe the offense is and what type of evidence will be used to build the case. When DNA evidence for collected in a 1st through 3rd degree criminal sexual conduct case, there is no statute of limitations. If there is evidence of 1st through 4th degree criminal sexual conduct with a minor, the statute of limitations is nine years from the act or within three years when it is reported to law enforcement.
For 5th degree criminal sexual conduct with a minor, the statute of limitations is three years. For 1st through 3rd degree criminal sexual conduct, the statute of limitations is nine years. For 4th and 5th degree criminal sexual conduct, the statute of limitations is three years.
Minnesota Crime Reparations Board
Individuals who have suffered physical or psychological injuries caused by sexual abuse might be eligible to receive financial assistance from the Minnesota Crime Reparations Board. The Board helps victims of sexual abuse pay for crime-related medical bills, lost wages, and other costly expenses. In order to be eligible for assistance, you must report the crime to police within 30 days of the incident and file an application for benefits within three years of the crime.
Speak to our Sex Crimes Defense Attorneys
Brockton D. Hunter P.A. is here to walk you through the legal process and defend your rights if you are facing charges for a sex crime. We will stand in your corner each step of the way and provide top-notch legal advice and diligent advocacy both in and out of the courtroom. Reach out to our skilled attorneys as soon as possible so we can get started mounting a strong defense on your behalf.
To schedule a case consultation with our legal team, please give us a call today at (612) 979-1112.