STATUTE OF LIMITATIONSThe statute of limitations is the legal amount of time in which a victim/survivor of a crime has to bring criminal charges or a civil suit against a perpetrator. When a crime is reported to law enforcement, the case is forwarded to the District Attorney for a charging decision. If the crime is reported after the statute of limitations has expired, the victim/survivor has no criminal recourse. In civil cases, the statute of limitations is much shorter than in criminal cases. When a victim/survivor wants to pursue a civil suit, she/he should contact a civil attorney/litigator who can help to determine whether the circumstances of the case are within the legal time frame.
THE STATUTE OF LIMITATIONS IN CRIMINAL CASES
Prosecution for a felony must be commenced within 6 years and prosecution of a misdemeanor must be commenced within 3 years of the crime. First, second and third degree sexual assault are considered felonies and fourth degree sexual assault is considered a misdemeanor. Prosecution has commenced when a warrant or summons is issued by the court, an indictment is found by the court, or information has been filed with the court. (Wisconsin Statutes, section 939.74)
THE STATUTE OF LIMITATIONS IN CHILD SEXUAL ABUSE CASES
Prosecution for the violation of sexual assault of a child under 16 years old, physical abuse of a child, causing mental harm to a child, sexual exploitation of a child, incest with a child, child enticement, and soliciting a child for prostitution must be commenced before the victim/survivor reaches age 26 (Section 939.74(2)(c)). The date of enactment for this law was April 7, 1994, so any crimes that take place after this date are applicable under the current law. For crimes that took place before this date, prosecution for the violation of sexual assault of a child under 16 years old, sexual exploitation of a child, incest with a child, and soliciting a child for prostitution must be commenced within the specified time period of 6 years from the date of the crime or before a victim/survivor reaches age 21, whichever is later.
THE STATUTE OF LIMITATIONS IN CIVIL CASES
A person who has been sexually exploited by a therapist has 3 years after the event(s) to bring a civil claim against the therapist. If a person is unable to bring the action due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist, the time limitations can be extended to not more than 15 years (Section 893.585).
In the case of incest, an action to recover damages for injury caused by incest shall be commenced within 2 years after the victim/survivor discovers the abuse or should have discovered the abuse, whichever occurs first. This means that if a victim/survivor of incest has repressed memories of the incestuous sexual abuse, she/he would still be able to file a civil claim against the perpetrator for up to two years after the recalling the memories (Section 893.587).
Source: Chapters 939 and 893 of the Wisconsin Statutes
This information sheet was reviewed in 1997 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of sexual assault centers and other organizations and individuals throughout Wisconsin who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA,123 E. Main St., Madison, WI 53703, (608) 257-1516. For more information about sexual assault or to receive support around a sexual assault experience, contact your local sexual assault program. The sheet may be reproduced.
