What Is the Statute of Limitations in Florida Sexual Battery Prosecutions?
In Florida, there are specific time limits within which crimes, including some sex crimes, can be prosecuted. This is known as the statute of limitations. In most cases, the statute of limitations for sex crimes ranges from between one to eight years, depending on the severity of the offense. If the state does not file charges within this timeframe, it may lose the right to prosecute the case. But this is not true in all cases. Read on to learn more.
Florida Donna’s Law: No Time Limits for Sexual Battery Cases Involving Minors
In 2020, Florida enacted Donna’s law, eliminating the statute of limitation for sexual battery cases involving victims under the age of 18 at the time of the offense. This law applies to crimes committed on or after July 1, 2020, allowing prosecution to commence at any time. For sexual offenses that occurred before July 1, 2020, the statute of limitations still applies as follows:
- First-Degree Felony Sexual Battery: Must be prosecuted within four years from the date of the offense.
- Second- or Third-Degree Felony Sexual Battery: Must be prosecuted within three years from the date of the offense.
However, some sexual battery cases, especially those involving minors, are subject to different rules. This includes there being no statute of limitations, or required timeframe to file criminal charges, in certain circumstances.
Case Example: Chavis Williams v. State of Florida
In January 2010, a 15-year-old girl reported to police that a man had given her an alcoholic drink and raped her. She was taken to University of Florida Health, where a sexual assault kit was used to collect DNA evidence. About three months later, authorities determined that the DNA obtained from the vaginal swab matched the defendant, Williams. However, he was not arrested until March 2019, more than nine years after the alleged crime.
Williams was convicted but later moved to vacate his conviction, arguing that the statute of limitations had expired. He pointed out that Florida law requires second-degree felonies to be prosecuted within three years. Since nearly a decade had passed, he claimed his prosecution was untimely. The trial court denied his motion, and he appealed.
On appeal, the court ruled that the statute of limitations had not expired because of the following reasons:
- Where DNA evidence identifies the perpetrator, and as long as an adequate portion of the original DNA evidence remains available for testing, the case can be prosecuted at any time
- The sexual offense was a second-degree felony violation
- The victim was under 16 years old at the time of the offense
- Florida law also allows sexual battery cases to be prosecuted at any time if the victim reported the crime within 72 hours of the incident. Because the victim in this case reported the crime the same day it occurred, the statute of limitations did not apply.
As such, the court affirmed Williams’ conviction, reinforcing that sexual battery offenses can still be prosecuted years later under specific legal provisions.
Contact an Experienced Fort Lauderdale Sex Offense Lawyer Today
Understanding the legal nuances of the statute of limitations for sexual battery cases is critical. If you are facing sexual battery charges or need legal assistance in a sexual battery case, contact our experienced Fort Lauderdale sex offense lawyers at Haber Blank, LLP, today to schedule a consultation.
Source:
flsenate.gov/Committees/billsummaries/2020/html/2190
