What are the Statute of Limitations for Sexual Assault in Maine?

Sexual assault cases in Maine may proceed as criminal or civil cases depending on the circumstances.

In many criminal and civil cases, a statute of limitations applies. These are time limits placed on the filing of civil actions and criminal charges. They are imposed for two main reasons:

1. To make the Maine justice system more efficient
2. To prevent the spoliation of evidence: it is generally agreed that the further away from the date of the event that the case is filed, the higher the likelihood of evidence being destroyed, lost or spoiled in some sense.

Typically, if you file a civil lawsuit after the statute of limitations expires, your case will be dismissed. So, what are the time limits in sexual assault cases in Maine?

As criminal defense lawyers representing defendants in many sexual assault cases in the state, the statutes of limitations are often a relevant factor.

It helps to understand what limitations are in place for both the victims of sexual assault and the prosecutors.

What to do if you are being interviewed by the police for a sex crime

What are the statutes of limitations for sexual assault in Maine?

If the sexual assault is a criminal matter, there is a set length of time for which prosecution proceedings can be commenced (from the date of the alleged crime).

The following are the major series of limitations that apply to criminal cases in Maine:

• For most felonies (Class A, B, or C crimes): six years
• Murder, first or second-degree criminal homicide: no statute of limitation
• Class A, B, or C crimes involving unlawful sexual contact or gross sexual assault: 20 years
• Misdemeanors (Class D or E crimes): three years
• Breaches of fiduciary obligations: within one year of discovering the crime up to a maximum of five years
• Official misconduct by a public servant: within two years, with a maximum extension to five years
• Crimes in which a child is a victim (incest, rape, or gross sexual assault if victim is under 16 years old): no statute of limitation

If the defendant is absent from the state, the statute of limitations is usually paused but there is a maximum of five years applied to that.

As you can see, Maine has no criminal statute of limitations for sexual assault, including:

• Child sexual abuse
• Incest
• Gross sexual assault (Rape)
• Unlawful sexual contact

Special provisions are also made within the criminal statutes for sexual abuse against children, a topic which is discussed in more detail below.

Statute of limitations for childhood sexual abuse in Maine

The Maine laws were updated recently to amend the statutes of limitations for sexual assault and sexual abuse cases.

It has been recognized across the U.S. that many victims experience sexual abuse during childhood. Many cases go unreported at the time and only become known years later when the victims speak out.

It could be decades before the victims are ready to speak out. A German study showed that the average age to report among a group of over 1,000 survivors of childhood sexual abuse was 52 years old.

High-profile cases involving some of America’s most trusted organizations have helped to propel this issue into the limelight and create the pressure for change.

In 2000, Maine had already eliminated the statute of limitations for civil sexual abuse lawsuits, meaning that any civil action based on a sexual act allegedly committed or engaged in with a minor has no time limit and can be commenced at any time.

However, that bill was not retroactive and only applied to new cases. Any cases that had already expired could not be revisited.

Legislation passed in October 2021 changed that, lifting the statute of limitations for all cases of childhood sexual abuse, whenever they took place.

This has opened the door for more historical sexual assault cases to pass through the Maine civil courts. Many civil cases involve either individuals or institutions like churches, schools, and camps that harbored alleged perpetrators and didn’t take action to stop the abuse.

There is also now a nationwide trend toward eliminating the statute of limitations for civil claims and criminal prosecutions involving childhood sexual abuse.

If you need assistance, contact the Maine Criminal Defense Group by calling 207-571-8146 and consult with one of our attorneys today.