The statute of limitations (SOL) is a legal time limitation in which a victim or a prosecutor has to file their lawsuit. In most cases, if a lawsuit is filed after the SOL has expired, the case will be dismissed.
In the State of North Dakota, there are different criminal and civil sexual abuse statutes of limitations. It is important for an individual to report any sexual abuse as quickly as they can.
An early investigation may lead to stronger evidence in an individual’s case. In addition, the statute of limitations that will apply in a case is the one that was in effect at the time the abuse occurred.
This means that, even if an SOL has been lengthened since the incident occurred, it typically cannot renew a time-barred case.
Statute of Limitations Definition
In personal injury law, statutes of limitations are legal time limits in which an individual must file their lawsuit. This time limit is set by the laws of the state where the injury occurred and will also vary depending on the type of case.
The purpose of a statute of limitations is to ensure that a lawsuit is filed within a reasonable time after an individual’s injury has occurred. This preserves the integrity of evidence and ensures that a potential defendant is not indefinitely exposed to claims.
In addition to this, without a statute of limitations, a plaintiff may have a difficult time proving their case because their own recollection of the event may have faded and their medical records may no longer accurately reflect the severity of their injuries at the time.
Civil Lawsuits for Sexual Abuse
When a civil lawsuit is filed, the plaintiff, or victim of sexual abuse, demands compensation and damages from their abuser. An individual may be entitled to economic and non-economic damages, including compensation for their pain and suffering.
The statute of limitations in North Dakota requires that a civil sex abuse claim be filed within:
- Ten years of the victim’s 18th birthday or 10 years from when a victim of childhood sex abuse could have reasonably discovered the claim; or
- Two years from the incident in cases of adult sex abuse.
If an individual needs assistance calculating the SOL in their case, they should consult with a personal injury lawyer. If sexual abuse occurs in an individual’s workplace, they may also have a sexual harassment lawsuit under federal laws.
An individual is required to file a complaint, or charge, with the Equal Employment Opportunity Commission (EEOC) within 300 days of the sexual abuse or harassment occurring. The EEOC will investigate an individual’s claim and determine whether or not it will pursue a lawsuit on their behalf.
If the EEOC determines it will not to litigate an individual’s claim, it will issue the individual a Right to Sue letter. An individual is required to file their lawsuit within 90 days of receiving the EEOC’s Right to Sue letter.
What Are Criminal Statutes of Limitations?
Criminal statutes of limitations are laws that establish specific time frames in which legal actions must be initiated for a certain offense. It is important to note that the rules may vary by jurisdictions as well as the nature of the case.
For example, in one state, the SOL may be longer for filing a lawsuit as compared to another state for the same legal issue. Criminal statutes of limitations are designed to set limits for criminal proceedings.
These SOLs were enacted to help ensure that prosecutions occur while memories are still fresh and the witnesses and evidence are readily available. In general, the SOL for a crime begins on the date that the crime occurred.
If the SOL expires before criminal proceedings begin, charges cannot be filed and the defendant may be able to request a dismissal. There are certain crimes, for example, murder, that are not subject to criminal SOLs because of the gravity and severity of the offense.
The reasoning behind this exception is that the seriousness of the offense outweighs the potential risks of the delayed prosecution. Advancements in forensic technology and DNA analysis can not lead investigators to discover new evidence that can link a suspect to a murder.
Despite the amount of time that has passed, if a suspect has been identified, they can be prosecuted for the murder because of the lack of statute of limitations for the offense. This emphasizes the importance of bringing a perpetrator of a heinous crime to justice, even if there are potential challenges that arise from the passage of time.
Criminal Cases for Sexual Abuse
In North Dakota, criminal cases are filed by the state on behalf of a victim. In order for criminal charges to be filed, a victim must notify law enforcement of the sexual abuse.
Law enforcement authorities will investigate an individual’s claims and a prosecutor may file charges against the perpetrator. If a suspect is found guilty of a criminal offense, they may be sentenced to significant jail time as well as be required to participate in sex offender registration.
In the State of North Dakota, the criminal statute of limitations will vary depending on the severity of the offense as well as the age of the victim. The criminal statutes of limitation in North Dakota include:
- Sexual abuse of a minor: either:
- Ten years from the act; or
- Three years from reporting the act, if the victim did not report the crime within ten year; or
- Within three years of conclusive identification of the perpetrator through DNA evidence;
- Gross sexual imposition with a serious bodily injury: Seven years from the act; and
- Other felony sex abuse: Three years from the incident.
Other Compensation for Sex Abuse Victims
An individual may apply for assistance from North Dakota’s Crime Victims Compensation Program. Victim compensation payments help pay an individual’s crime-related medical treatment, lost wages, as well as other expenses.
In order to receive victim’s compensation, the victim must report the crime to law enforcement within four days as well as apply for benefits within one year of the offense.
Why Do States Have Statutes of Limitations?
There are several reasons that states have statutes of limitations, which will be discussed below.
Preservation of Evidence
As time passes, issues may arise such as the deterioration of evidence, losing evidence, or the evidence may become less reliable. By implementing a time limit, a statute of limitations encourages prompt action by victims, which helps ensure that evidence is still fresh and reliable when the case goes to trial.
Protecting Defendants
A statute of limitations protects potential defendants from being exposed to a lawsuit indefinitely. As time continues to pass, memories may fade, and witnesses may not be available, which may put a defendant at a disadvantage in defending themselves against an old claim.
Encouraging Resolution
A statute of limitations prompts a plaintiff to take action and seek resolution for their claim in a timely manner instead of allowing a dispute to drag on indefinitely.
Judicial Efficiency
By setting time limits on legal claims, a statute of limitations can help prevent courts from becoming overburdened with old cases that may be difficult to adjudicate because of the passage of time as well as the potential deterioration of evidence.
Do I Need a Lawyer?
If you have been charged with any type of sexual abuse crime in North Dakota, it is essential to consult with a North Dakota criminal lawyer. Your lawyer will provide you with the best defense possible in court and may be able to negotiate with the prosecution for a reduction in your charges or a plea bargain.
If you have been a victim, claims of sexual abuse or assault may be emotionally challenging and stressful. Having a lawyer on your side will help the process feel less overwhelming and help ensure your rights are protected.
