Re: Jack Hickman
Date: July 09, 2011 04:55AM
The statutes of limitations for sexual assault crimes in New England, New York, and New Jersey, vary greatly, depending on the state, the severity of the offense, whether there are aggravating circumstances, the victim's age, and whether the state has an extension for particular circumstances.
For the most serious crimes, there is no statute of limitations in New Jersey, Rhode Island, and Vermont. For the other states, the statute of limitations is:
1. Massachusetts-15 years;
2. Maine-six years, but there is NO STATUTE OF LIMITATIONS if the victim is under age 16;
3. New Hampshire-six years, but for victims under age 18, a prosecution can occur at anytime within 22 years of the victim's 18th birthday;
4. New York-five years, but if the victim was under age 18, the statute of limitations will not start until the child has reached age 18 or the offense is reported to a law enforcement agency or central register of child abuse, whichever occurs earlier.
Five states-MAINE, Massachusetts, New Hampshire, New Jersey, and Vermont-have recently INCREASED THE STATUTES OF LIMITATIONS for sexual assault crimes.
The Maine, New Hampshire, and New Jersey laws address the retroactivity of changes to the statute of limitations. The Maine and New Jersey law apply to all future crimes and all prior crimes where the previous statute of limitation has not yet run out. The New Hampshire law applies to victims injured before, on, or after its effective date.
In four states-Massachusetts, New Hampshire, New Jersey, and Vermont-the courts have upheld the retroactive application of changes to the statutes of limitations, provided certain conditions are met.
MAINE
The statute of limitations for gross sexual assault is six years. The law defines "gross sexual assault" as a sexual act committed in one of 12 aggravating circumstances. These include the use of force or threat, the assault of a victim who is under age 14 and is not the perpetrator's spouse, and the perpetrator's use of drugs to impair the victim's perception (Me. Rev. Stat. Ann. 17-A § 253).
The statute of limitations for sexual abuse of a minor is three years, but it is six years if the state proves that the perpetrator was more than 10 years older than the victim or knew that they were related. Also, if the victim is under age 16, there is no statute of limitations for incest, unlawful sexual contact, sexual abuse of a minor, or rape or gross sexual assault. "Sexual abuse of a minor" can occur under any of four circumstances. It includes a sexual act between a perpetrator and a 14-or 15-year old victim who is not his spouse and is at least five years younger than the perpetrator (Me. Rev. Stat. Ann. 17-A §§ 8, 253, 254).
The statute of limitations for unlawful sexual contact is three years, but it is six years if (1) the victim is under age 18 and the perpetrator is a parent, stepparent, foster parent, guardian or other person responsible for the victim's long-term care; (2) the victim is forced to submit; or (3) the state can prove sexual penetration. "Unlawful sexual contact" is sexual contact that occurs in any of 10 aggravating circumstances. These include any circumstance in which the victim (1) does not consent, (2) is unconscious or otherwise physically unable to resist sexual contact, or (3) suffers from a mental disability that renders her incapable of understanding the nature of the contact (Me. Rev. Stat. Ann. 17-A §§ 8 and 255).
The statute of limitations is three years for sexual misconduct with a child under age 14. The crime occurs when the perpetrator is at least age 18 and shows a victim under age 14 sexually explicit material in order to encourage the victim to engage in a sexual act or sexual contact (Me. Rev. Stat. Ann. 17-A §§ 8 and 258).
For any of the above crimes, the statute of limitations will not run (1) for a maximum of five years when the perpetrator is not in Maine or (2) while a prosecution against the perpetrator for the same crime, based on the same conduct, is pending in Maine.
Legislation Expanding the Statute of Limitations
In 1991, the legislature amended the statute of limitations and allowed prosecution at any time if the victim was under age 16 when incest, rape, or gross sexual assault were committed (1991 Me. Laws 585 § 2). In 1999, it added unlawful sexual contact and sexual abuse of a minor to this list (1999 Me. Laws 438 § 1). Both laws apply to future crimes and prior crimes where the previous statute of limitation had not run out (1991 Me. Laws 585 § 3).
Edited 1 time(s). Last edit at 07/09/2011 04:58AM by Sallie.