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Statute of Limitations

Colorado, as with the other states, includes a state of limitations for sex crimes. This provision places a limitation on the amount of time that may pass before the opportunity to begin legal proceedings is lost. In other words, once the time limit expires, the accused cannot be taken to trial for the charge.

The implementation of statutes of limitations varies from state to state. In the following article, we’ll go over how Colorado implements its statute of limitations for sex crimes as well as exceptions and misconceptions.

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Understanding the Statute of Limitations

The state of limitations serves several important purposes:

  1. Promoting Justice: It encourages the prompt resolution of legal claims and criminal charges, preventing stale claims from being brought forward after evidence has deteriorated or memories have faded.
  2. Protecting Defendants: It provides defendants with a degree of certainty and finality, preventing them from facing the threat of legal action indefinitely.
  3. Preserving Judicial Efficiency: It helps to manage court dockets by ensuring that cases are resolved in a timely manner, thus preventing the judicial system from being overwhelmed with old claims.

The statute of limitations is a legal concept that sets a time limit within which legal proceedings must be initiated for a particular type of offense or civil claim. Once this time limit expires, the right to file a lawsuit or pursue criminal charges is generally lost, and the defendant can raise the statute of limitations as a defense to have the case dismissed.

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Application

The statute of limitations varies depending on the jurisdiction and the type of offense or civil claim involved. It can range from a few months to several years. Some types of offenses, such as murder, may have no statute of limitations, meaning that charges can be brought at any time, while other offenses have relatively short limitation periods.

Tolling:

In certain circumstances, the statute of limitations may be “tolled,” meaning that the clock is paused or suspended. Tolling can occur for various reasons, such as:

  • The defendant being absent from the jurisdiction.
  • The victim being a minor or incapacitated.
  • Concealment of the offense by the defendant.
  • Newly discovered evidence.

Waiver and Estoppel:

In some cases, a defendant may waive their right to assert the statute of limitations defense if they fail to raise it in a timely manner. Additionally, the doctrine of equitable estoppel may prevent a defendant from asserting the statute of limitations if they have engaged in conduct that led the plaintiff to delay filing suit.

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Colorado’s Statute of Limitations for Sexual Crimes

A common misconception is that, after some time, any crime will be subject to the statute of limitations. This is incorrect. Rather, the state of Colorado defines different statutes of limitations for felonies and misdemeanors, with some crimes never expiring.

  • Sexual Assault: The statute of limitations varies:
    • No limit for attempts, conspiracies, or solicitations involving sexual offenses against children (an unlawful sexual offense that is a felony).
    • If it’s a felony and not involving a child under 15, within 28 years after the commission of the offense.
    • If it’s a felony with the victim under 18 at the time of the offense, within 28 years after the victim reaches the age of 18.
    • If a misdemeanor, within five years after the commission of the offense.
  • Unlawful Sexual Contact:
    • No limit for sexual offenses against children that are felonies.
    • If a felony and not involving a child under 15, within 10 years after the commission of the offense.
    • If a felony with the victim under 18, within 28 years after the victim reaches 18.
    • If a misdemeanor, within five years, with an additional three years and six months if the victim is under 15.
  • Sexual Assault on a Child:
    • No limit for sexual offenses against children.
    • If a felony and not involving a child under 15, within 10 years after the commission of the offense.
    • If a felony with the victim under 18, within 28 years after the victim reaches 18.
    • If a misdemeanor, within five years, with an additional three years and six months if the victim is under 15.
  • Sexual Assault on a Child by One in a Position of Trust:
    • No limit for felonies involving sexual offenses against children.
    • If the victim is 15 or older, but less than 18, within 28 years after the victim reaches the age of 18.

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Additional Resources

RAINN – The Rape, Abuse & Incest National Network provides an overview of sexual crimes and their statutes of limitations. Read the attached link to understand the statute of limitations for various sexual crimes in Colorado.

Civil Actions – Read the case text for statutes of limitations for civil actions in Colorado.

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Hire a Sexual Crime Defense Attorney

If you have been accused of a sexual crime in the state of Colorado, you need to speak with an experienced defense attorney. The Law Office of Matthew Martin is ready to provide legal representation to those accused of sexual crimes, and can guide his clients through the legal process.

For more information and to schedule your first free consultation, call today at (303) 725-0017.

Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.

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