OLR Report 2013-R-0162 provides information about the criminal and civil statutes of limitations for child sexual abuse, specifically regarding abuse that occurred in 1971.
The criminal statute of limitations has likely run out for sexual abuse occurring in 1971. At that time, the general statute of limitations for felonies was five years. In 1976, the General Assembly passed a law specifying that there was no limitation for prosecuting Class A felonies, and the Connecticut Supreme Court later held that this applied to prior crimes for which the statute of limitations had not already expired when the 1976 law took effect. However, sexual assault was not a Class A felony in 1971, so this extension of time to prosecute Class A felonies would not apply to sexual abuse from that year.
As explained in the full report, current law provides a longer criminal statute of limitations for childhood sexual abuse. However, these longer limitation periods do not apply to crimes from 1971, as the most recent amendment to this law in 2002 specified that it only applied prospectively.
Another law provides that there is no statute of limitations for certain sexual offenses (not just those with minors as victims) if (1) the victim reports the crime within five years of the date it is committed and (2) DNA is used to identify the offender. Yet it does not appear that this law could be used to prosecute a sexual assault crime from 1971, as the statute of limitations for such crimes had expired before this law took effect.
The civil statute of limitations generally gives victims of sexual abuse, sexual assault, or sexual exploitation 30 years after they reach age 18 to file a personal injury action based on the crime. However, there is no limitation on bringing a personal injury action to recover damages caused by sexual assault when the party legally at fault for the injury is convicted of first-degree sexual assault or first-degree aggravated sexual assault for such action.
It is also important to note that statutes of limitations can be suspended in certain situations, thus giving a person additional time to file a lawsuit or the state additional time to prosecute a case. For example, the statute can be suspended in civil cases if the liable party fraudulently concealed the existence of the cause of action from the victim.
For more information, read the full report.
