Changes to Statutes of Limitations Help Sexual Assault Survivors

In what I would personally count as a win for criminal and civil laws, statutes of limitations in sex crimes, particularly when the victim is a child, have been extended more and more, and even abolished in some states altogether.

This is a great example of how changes in the cultural zeitgeist and changes to the laws go hand in hand. If it were not for increased advocacy for victims of sexual assault, these laws would not have been changed. Of course, in order for there to be increased advocacy, more people have to believe in the cause. When we look at the fact that marital rape was legal in at least one U.S. state until 1993, the cultural change is nothing short of astonishing.

On the other side of the coin, one can assume that, with the change in laws allowing many more victims to come forward, increased attention and legitimacy will be lent to these cases, making the culture change even more in favor of victims. When we consider that in both Europe and the United States 1 of 4 to 1 in 5 children is the victim of sexual abuse, the need for swift and decisive change is obvious.

Let's take a few examples. First, thirty different states have removed the statute of limitations for certain serious sex crimes altogether. This is again astonishing when we consider that thirty years ago, a man could rape his wife, legally, in parts of the United States. In the context of human history, 30 years is nothing.

In my beloved home state of Illinois, there is no statute of limitations for criminal sexual assault of both adults and minors. This allows prosecutors to bring the charges at any time. Of course, opponents of the elimination of these limitations forget that proving a rape 20 years later is nearly impossible, as the evidence is long gone even weeks or days after a rape.

Also in Illinois, in a civil case, if the victim was a minor at the time of the sexual assault, there is no statute of limitations, while adult victims have two years, with some exceptions.

This is a very encouraging trend that has been sorely needed for victims for centuries. A reckoning of sorts.