The statute of limitations on sexual assault in Minnesota depends on several factors, including the type of offense, the age of the victim, and whether DNA or other evidence is available. In some cases, there is no time limit at all to prosecute. Understanding these deadlines is critical—whether you’re defending against charges or seeking to protect your rights.
At Keller Criminal Defense Attorneys, we help clients across Minnesota navigate complex legal timelines and fight to protect their futures. Call us at 952-913-1421 for a free consultation.
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No Statute of Limitations for Certain Sexual Assault Charges
Under Minnesota Statutes, there is no statute of limitations for:
- First-degree criminal sexual conduct
- Second-degree criminal sexual conduct
- Any sexual assault involving identifiable DNA evidence or a report made within nine years
This means prosecutors can bring charges decades after the alleged offense, as long as the incident falls into one of these categories. Even if years have passed, you may still face prosecution—particularly if new evidence surfaces.
Time Limits for Other Sexual Assault Offenses in Minnesota
For sexual assault charges outside the most serious degrees, the statute of limitations may still apply:
- Third- and fourth-degree criminal sexual conduct:
Prosecutors have 9 years from the date of the offense to file charges. - If the victim was a minor:
Charges can be filed until the victim turns 30. - If the crime was reported within 9 years and there is DNA evidence, there may still be no statute of limitations—even for less severe charges.
Minnesota’s laws are particularly nuanced. Some limitations are paused (“tolled”) under certain conditions—like if the suspect leaves the state or if the victim was under duress or in fear of retaliation.
Civil vs. Criminal: Different Statutes of Limitations
There’s a sharp distinction between criminal prosecution and civil lawsuits in sexual assault cases:
- Criminal sexual conduct:
Prosecuted by the state, may carry no time limit depending on severity. - Civil sexual assault lawsuits (seeking damages):
Typically must be filed within 6 years from the incident, unless the victim was a minor—then the deadline extends until age 24.
Recent legislative reforms in Minnesota have pushed toward longer timelines for victims to take civil action, particularly in institutional abuse cases.
Why the Statute of Limitations Matters in Your Sex Crime Defense
If you’re facing accusations of sexual assault in Minnesota, the statute of limitations could be a key element of your defense. If the deadline has passed, your attorney may be able to get the case dismissed before trial, saving you time, stress, and potential damage to your reputation.
But don’t assume the clock has run out. Prosecutors often look for exceptions, especially in cases involving minors or delayed disclosure.
Our Minnesota sex crime defense lawyers can examine the timeline, determine whether the statute of limitations has expired, and raise this defense at the right time.
How Minnesota Courts Handle Old Sexual Assault Allegations
In recent years, Minnesota has moved in line with national trends, expanding or eliminating statutes of limitations for serious sex crimes. The courts recognize the psychological trauma that can delay a victim’s decision to report, especially in cases involving minors, authority figures, or institutions.
Still, defendants have rights too. Memories fade, evidence decays, and key witnesses may no longer be available. That’s why raising a statute of limitations defense can be both strategic and justified, particularly if prosecutors waited too long to act.
Protect Your Rights. Contact a Minnesota Sex Crimes Defense Attorney
Whether you’re under investigation or already facing sex crime charges, Keller Criminal Defense Attorneys can help. We’ve successfully defended clients against serious accusations involving alleged sex crimes across Minnesota. We’ll scrutinize the prosecution’s case, challenge weak evidence, and assess whether the statute of limitations could help you beat the charges.
Don’t wait. Even old allegations can have serious consequences. Call (952) 913-1421 or contact us online for a confidential consultation today.
FAQ: Statute of Limitations on Sexual Assault in Minnesota
Can sexual assault be prosecuted decades later in Minnesota?
Yes, if it involves first- or second-degree criminal sexual conduct or DNA evidence, there may be no statute of limitations.
Does the statute of limitations change if the victim was a child?
Yes. In criminal cases, prosecutors can charge up until the victim turns 30. In civil cases, the victim has until age 24 to file a lawsuit.
Can a statute of limitations defense get charges dismissed?
Yes. If the deadline has passed, your attorney can file a motion to dismiss the case.
