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Sexual Assault Statutes of Limitations in New York / New York and NYC Sexual Assault Lawyer - YouTube
Channel: The Law Firm of Andrew M. Stengel
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Sexual Assault Statutes of Limitations
in New York and New York City
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By attorney Andrew M. Stengel
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Most sexual assault charges in New York
have a statute of limitations.
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But there are exceptions for the highest
degrees of crimes
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such as Rape in the First Degree. The
statute of limitations for a crime
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begins to run on the date of the alleged act and
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charges cannot be brought after the time
expires.
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The statute of limitations in New York
is
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two years for a misdemeanor and five years for a felony.
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However New York has an extended statute of limitations,
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which is called the tolling period, for a
complaining witness
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who is less than 18 years old at the
time of the alleged sex assault
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such as Rape, Sexual Abuse and Criminal
Sexual Act.
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Some New York sexual assault crimes have no time limit for when a charge can be
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brought or a longer time limit.
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In February 2019, New York passed the
Child
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Victims Act raising the tolling age from
18 years old
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to 23. Ff a complaining witness is less
than 18
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then the statute of limitations does not
begin to run
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until the person turns 23, unless the
sexual assault is reported earlier.
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The tolling period ends and the statute
of limitations begins to run
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if the alleged sexual assault is
reported to a law enforcement agency
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or the statewide central register of
child abuse and maltreatment.
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To repeat ,if a sexual assault allegation
in New York against a person who is less
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than 18 is not reported earlier then the accused
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can be charged until the complaining
witness turns 25
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for a misdemeanor and 28 for a felony
unless there is no time limit or a
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longer time limit.
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Some New York sexual assault charges do not have any statute of limitations.
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Under the criminal procedure law a
person can be charged at any time
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no matter when the allegation is
reported.
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The crimes include Rape in the First
Degree,
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Sexual Abuse in the First Degree,
Predatory Sexual Assault,
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Course of Sexual Conduct Against a Child
in the First
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Degree and Incest in the First Degree.
Under New York's Criminal Procedure Law,
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3 sexual assault charges have a
20-year statute of limitations
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or 10 years from the date the
complaining witness makes a report to
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law enforcement, whichever is earlier. Rape in the Second
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Degree and Criminal Sexual Act in the Second
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Degree when the allegation is lack of
consent by reason
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of being mentally disabled or mentally
incapacitated
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and certain allegations of Incest in the
Second Degree.
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Under New York's Criminal Procedure Law, 2
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sexual assault charges have a 10-year
statute of limitations.
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Rape in the Third Degree when the
allegation is lack of consent
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for a reason other than the complaining
witness is younger than 17
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and Criminal Sexual Act the Third Degree
where lack of consent is for a reason
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other than incapacity to consent.
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Former new york prosecutor Andrew M.
Stengel is an experienced and
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knowledgeable lawyer for sexual assault
charges.
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Andrew M. Stengel is a skilled trial
attorney,
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a diligent investigator and a tenacious
representative.
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Whether the sexual assault involves an
allegation of Rape,
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Sexual Abuse, Criminal Sexual Act
or any other criminal charge or
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investigation, Andrew M. Stengel provides expert legal
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advice and representation.
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For more information, visit the website
of Andrew M. Stengel:
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www.stengellaw.com or send an email to
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Attorney advertising. Prior results do
not guarantee a similar outcome.
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