Here Is What Is Happening In Maine
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: None
Tolling: N/A
  • No Statute of Limitations for Actions Based on Sexual Acts Against Minors : Me. Rev. Stat. Ann. tit. 14, § 752-C (2008).

  • Retroactivity Unlikely : The federal District Court for the District of Maine has ruled that “[a]lthough later amendments to Section 752-C allow persons who were victims of sexual abuse as minors to pursue their claims at any time, the Legislature clearly did not intend for this expanded statute of limitations to revive claims that were already "barred by the previous statute of limitations in force" prior to the amendments. See Me. P.L. 1991, Ch. 551, § 2; Me. P.L.1999, Ch. 639, § 2.” Guptill v. Martin, 288 F.R.D. 62, (D. Me. 2005).
Criminal Statute of Limitations
Limitations Period: None for victims under age 16
3-6 years for other offenses
Tolling: Yes
Exceptions  Yes
  • No Statute of Limitations for Most Sexual Offenses Against Victims Under Age 16 : “[I]f the victim had not attained the age of 16 years at the time of the crime, a prosecution for: incest; unlawful sexual contact; sexual abuse of a minor; rape or gross sexual assault, formerly denominated as gross sexual misconduct, may be commenced at any time.” Me. Rev. Stat. Ann. tit. 17-A § 8 (2008).

  • For Victims Over 16: For victims over 16, (i) 6 years from commission of the offense for A, B and C crimes and (ii) 3 years from commission of the offense for class D and E crimes. See 17-A Me. Rev. Stat. Ann. § 8.
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