Legal Question in Sexual Harassment in Indiana

Statute of Limitations.

What is the statute of limitations on child molestation in the State of Indiana?


Asked on 9/08/07, 10:10 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Statute of Limitations.

The statute of limitations with regard to minors can sometimes be complicated.

You should post the question again, but select Indiana as the forum state. An Indiana attorney can help you with your issue.

Best of luck.

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Answered on 9/09/07, 9:02 am
Voyle A. Glover Attorney at Law

Re: Statute of Limitations.

The answer to your question depends on when the crime was committed. Current law, from 2004, extended the statute of limitations to permit commencement of a prosecution for child molesting until the date the victim reaches thirty-one years of age. Prior to that, it was 5 years after commission of the crime. However, that amendment applies only to crimes committed after June 30,

1988.

This restriction prevents the amended statute of limitation from applying to offenses for which the limitation period had already run, thereby avoiding violation of the prohibition of ex post facto laws.

The new law amended the then current statute to allow prosecution of individuals for (a) child molesting, (b) vicarious sexual gratification, (c) child solicitation, (d) child seduction, and (e)incest, at any time. Current statute requires that prosecution be commenced by the time the victim reaches age 31. This bill also extended the period within which a prosecution for child molesting may be commenced (where a person who is at least 16 years of age allegedly commits the offense against a child who is not more than two years younger than the older person) from 5 years after the commission of the offense to any time.

The civil SOL is different. Not sure what you were asking. Ordinary civil SOL is 2 years after 18th birthday of victim, though there might be circumstances that would alter that.

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Answered on 9/09/07, 4:01 pm


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