Minnesota has no criminal statute of limitations for first-, second-, third-, or fourth-degree criminal sexual conduct committed on or after September 15, 2021. Prosecutors may bring charges for these offenses regardless of how much time has passed. Allegations involving conduct before that date can be more complicated because earlier versions of Minnesota law imposed different deadlines and exceptions.
Minnesota law generally uses the term “criminal sexual conduct” rather than “sexual assault” for these offenses. If you are being investigated for an allegation from years ago, the date of the alleged conduct and the specific offense under investigation can determine which statute-of-limitations rules apply.
Keller Criminal Defense Attorneys represents people facing sex crime investigations and charges throughout Minnesota. Call 952-913-1421 for a free consultation about your case.
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Key Takeaways
- Minnesota has no criminal statute of limitations for first- through fourth-degree criminal sexual conduct committed on or after September 15, 2021.
- An allegation from before September 15, 2021, may be governed by an earlier version of Minnesota’s statute of limitations.
- The passage of many years does not automatically prevent prosecutors from filing sexual assault charges.
- When a limitations period does apply, certain periods of time may be excluded from the calculation.
- Criminal prosecutions and civil sexual abuse lawsuits have separate statutes of limitations.
- Determining whether an old allegation can still be prosecuted may require reviewing the law in effect when the alleged conduct occurred.
Does Minnesota Have a Statute of Limitations for Sexual Assault?
For first- through fourth-degree criminal sexual conduct committed on or after September 15, 2021, there is no criminal statute of limitations in Minnesota.
Current Minnesota Statutes allow charges for first- through fourth-degree criminal sexual conduct to be brought at any time. The Minnesota Legislature eliminated the limitations period for these offenses in 2021, with the change applying to offenses committed on or after September 15, 2021.
That includes:
- First-degree criminal sexual conduct
- Second-degree criminal sexual conduct
- Third-degree criminal sexual conduct
- Fourth-degree criminal sexual conduct
As a result, a person accused of one of these offenses cannot assume that an allegation is too old to prosecute simply because 10, 20, or even more years have passed.
The date of the alleged offense is especially important, however, because the 2021 change does not mean every older allegation is automatically governed by today’s unlimited filing period.
What Is the Statute of Limitations for Sexual Assault Before September 15, 2021?
There is no single deadline that can accurately describe every Minnesota criminal sexual conduct allegation from before September 15, 2021.
Before the 2021 change, Minnesota’s statute-of-limitations rules for criminal sexual conduct were different. Earlier versions of the law included filing periods and provisions that depended on factors such as the alleged victim’s age, when the offense was reported, and DNA evidence.
Those rules also changed over time.
For that reason, determining whether an older allegation is time-barred may require answering several questions:
- When did the alleged conduct occur?
- What criminal sexual conduct offense is alleged?
- What statute of limitations applied at that time?
- Did another provision affect how the deadline was calculated?
- Had the applicable limitations period already expired before the law changed?
This historical analysis is important because applying today’s law to an allegation from many years ago may produce the wrong answer.
If you are contacted about an allegation that allegedly occurred before September 15, 2021, the age of the accusation alone does not establish whether prosecutors can still file charges.
How Can an Old Sexual Assault Allegation Affect Your Defense?
The absence of a statute-of-limitations bar does not eliminate the prosecution’s burden of proving a criminal charge beyond a reasonable doubt.
Older allegations can raise evidentiary issues that may become important to the defense. Depending on how much time has passed, witnesses may have difficulty remembering specific events, records may no longer exist, electronic communications may have been deleted, and people with relevant information may be difficult to locate.
A defense investigation may examine evidence such as:
- Statements made by the accused and the complainant
- Witness accounts
- Text messages, emails, and social media records
- Photographs or videos
- Location or travel records
- Medical or forensic evidence
- Prior statements about the alleged incident
- The chronology of the accusation and investigation
The significance of any missing or conflicting evidence depends on the individual case. The fact that an accusation is old does not automatically make it unreliable, just as the age of the allegation does not relieve prosecutors of their burden of proof.
Criminal and Civil Sexual Abuse Cases Have Different Deadlines
A criminal prosecution and a civil sexual abuse lawsuit are separate proceedings with different statutes of limitations.
Criminal sexual conduct charges are brought by the government and can result in criminal penalties. Minnesota’s criminal statute of limitations determines how long the government has to initiate a prosecution.
Civil cases are brought by people seeking damages.
Under Minnesota’s current civil sexual abuse statute, an action based on alleged sexual abuse of a person who was 18 or older generally must be commenced within six years of the alleged abuse. An action involving alleged sexual abuse of a person who was under 18 may generally be commenced at any time, subject to statutory exceptions.
Minnesota also establishes separate deadlines for certain claims based on vicarious liability and for claims against a person who allegedly committed abuse while under age 14.
The important distinction is that a deadline affecting a civil lawsuit does not necessarily determine whether criminal charges can be filed, and vice versa.
Can the Statute of Limitations Be a Defense to a Minnesota Sex Crime Charge?
When a limitations period applies and prosecutors file charges after that period has legally expired, the statute of limitations may provide grounds to challenge the prosecution. But determining whether that defense exists requires identifying the correct deadline first.
For an allegation predating Minnesota’s September 15, 2021 changes, that may require reviewing the version of the law applicable to the alleged conduct rather than relying solely on the statute as it exists today.
The analysis can also involve determining whether any provision excluded time from the limitations calculation.
Our Minnesota sex crime defense lawyers can review the alleged offense date, proposed or filed charge, applicable law, and procedural history to determine whether the statute of limitations creates a defense.
Why the Date of the Alleged Offense Matters
September 15, 2021, is a significant dividing line for Minnesota’s criminal sexual conduct statute of limitations.
For covered first- through fourth-degree criminal sexual conduct offenses committed on or after that date, prosecutors may bring charges at any time.
For alleged conduct occurring before that date, the answer may depend on historical law.
Consider two allegations involving the same general type of offense: one allegedly occurred in 2023, while another allegedly occurred many years before the 2021 legislative change. The current no-limitations rule clearly applies to the 2023 offense. The older allegation requires additional analysis to determine what deadline applied and whether prosecution remains legally available.
That makes the alleged offense date one of the first pieces of information a defense attorney may examine in a case involving an old accusation.
Protect Your Rights When Facing an Old Sexual Assault Allegation
Whether you are under investigation or already facing sex crime charges, determining whether a statute-of-limitations defense applies requires more than looking at how many years have passed.
Keller Criminal Defense Attorneys can review the alleged offense date, potential or filed charges, applicable version of Minnesota law, and available evidence. When the allegation predates the 2021 change, that review may include examining historical statutes to determine what limitations rules apply.
Even old allegations can result in an investigation or criminal prosecution in Minnesota.
Call Keller Criminal Defense Attorneys at 952-913-1421 for a free and confidential consultation about a Minnesota sex crime investigation or charge.
FAQ: Minnesota Sexual Assault Statute of Limitations
When did Minnesota eliminate the statute of limitations for sexual assault?
Minnesota eliminated the criminal limitations period for first- through fourth-degree criminal sexual conduct in 2021. The change applies to covered offenses committed on or after September 15, 2021.
Can someone be charged with sexual assault 20 years later in Minnesota?
Whether a 20-year-old allegation can be prosecuted depends on the alleged offense, when it occurred, and which statute-of-limitations rules apply. For covered first- through fourth-degree offenses committed on or after September 15, 2021, there is no criminal limitations period.
Does the alleged victim’s age affect the statute of limitations?
It can, particularly when analyzing older criminal allegations or civil sexual abuse claims. For current first- through fourth-degree criminal sexual conduct offenses covered by the 2021 change, however, prosecution is not subject to a criminal limitations period.
