Statute of Limitations for Sex Crimes in Georgia
Statute of limitations are time limits for when parties have to initiate legal proceedings from the date of an alleged offense. In basic terms, it is a deadline for filing a lawsuit. The statute of limitations differs based on the type of crime committed. If a person tries to file a case after the applicable time period has passed, the person charged can have the case dismissed. If you have a question about Georgia statute of limitations or have been accused of a sex crime in Georgia, you need representation immediately. Our lawyers have over 50 combined years of experience and have exclusively practiced criminal defense. We can answer your questions and walk you through the entire process. Call now for a free case evaluation.
Crimes Committed Between July 1, 1991, and June 30, 2012
If the crime was committed between July 1, 1991, and June 30, 2012, and the victim was under 16 years on the date of the incident, the seven-year statute of limitations does not begin to run until the victim turns 16, or the violation is reported, whichever occurs first. Crimes include:
- Cruelty to children
- Rape
- Sodomy or aggravated sodomy
- Statutory rape
- Child molestation or aggravated child molestation
- Enticing a child for indecent purposes
- Incest
Sex Crimes Occurring On or After July 1, 2012
If the crime occurred on or after July 1, 2012, and the victim was under 16 years of age, and the offense is not being prosecuted as a misdemeanor, then prosecution may be commenced at any time. These crimes include:
- Trafficking a person for sexual servitude
- Cruelty to child in the first degree
- Rape
- Aggravated sodomy
- Child molestation or aggravated child molestation
- Enticing a child for indecent purposes
- Incest
Some Sex Crimes are Exempted from Georgia Statute of Limitations Laws
There is an exception to the statute of limitations laws. According to O.C.G.A. §17-3-1, there is no statute of limitations when DNA evidence is used to establish the identity of the accused, provided that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused:
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Lawson and Berry offers a free consultation with some of the most experienced and respected criminal defense lawyers in Georgia. Our office is open 24 hours a day, 7 days a week to take your call. We pride ourselves on being available to our clients and answering your questions in a timely fashion. The criminal justice system is not designed for self-service, and our goal is to make it as smooth and easy to understand as we can. Call today for a free case evaluation. Your rights, freedom, and future are on the line! Call now.
