Here Is What Is Happening In Vermont

Civil Statute of Limitations

Discovery Rule: Yes
Limitations Period: Age 18 + 1 year
Tolling:  Yes
  • Delayed Tolling for Sexual Offenses Against Minors 18 years of age + 6 years. Within 6 years of the act, Vt. Stat. Ann. Tit. 12, § 522(a), or 6 years of turning 18 and/or the removal of a disability including insanity or imprisonment (12, §551) or incapacity from damages caused by childhood sexual abuse (12, § 560).
     
  • Discovery Rule: Within 6 years of the time of discovery. Victim need not establish which act caused the injury, if the abuse was continuing. 12, § 522(a).

Criminal Statute of Limitations
Limitations Period: None for aggravated sexual assault
6 years from commission of the offense for sexual exploitation of child
Age 24 or 10 years from date offense reported (whichever is sooner): sexual assault of a child.
Tolling: No
Exceptions Yes
  • The criminal Statute of Limitations is generally 6 years except is tolled until age 24 when the victim was under the age of 16 : “Prosecutions for sexual assault, lewd and lascivious conduct and lewd or lascivious conduct with a child, alleged to have been committed against a child 16 years of age or under, shall be commenced within the earlier of the date the victim attains the age of 24 or 6 years from the date the offense is reported, and not after.” Vt. Stat. Ann. tit. 13, § 4501(c). In cases for the same offenses where the child is under 18 but over 16, the 6-year statute of limitations applies. 13, § 4501(b). But, there is no limitation for aggravated sexual assault or kidnapping. 13, § 4501(a).

Pending Bills - *SIGNED INTO LAW 6/4/2013*

S.20 - **AS PASSED IN THE SENATE**

An act relating to increasing the statute of limitations for certain sex

offenses against children

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 13 V.S.A. § 4501 is amended to read:

§ 4501. LIMITATION OF PROSECUTIONS FOR CERTAIN CRIMES

(a) Prosecutions for aggravated sexual assault, aggravated sexual assault of

a child, human trafficking, aggravated human trafficking, murder, arson

causing death, and kidnapping may be commenced at any time after the

commission of the offense.

(b) Prosecutions for manslaughter, sexual assault, lewd and lascivious

conduct, sexual exploitation of children, sexual abuse of a vulnerable adult,

grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses,

false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be

commenced within six years after the commission of the offense, and not after.

(c) Prosecutions for sexual assault, lewd and lascivious conduct, sexual

exploitation of a minor as defined in subsection 3258(b) of this title, and lewd

or lascivious conduct with a child, alleged to have been committed against a

child under 18 years of age shall be commenced within the earlier of the date

the victim attains the age of 24 or 10 years from the date the offense is

reported, and not after. For purposes of this subsection, an offense is reported

when a report of the conduct constituting the offense is made to a law

enforcement officer by the victim before the victim attains the age of 40.

(d) Prosecutions for arson shall be commenced within 11 years after the

commission of the offense, and not after.

(e) Prosecutions for other felonies and for misdemeanors shall be

commenced within three years after the commission of the offense, and not

after.

Sec. 2. EFFECTIVE DATE

This act shall take effect on passage.

 

View Bill History and Tracking at Vermont Legislature Site


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News

06/04/2013 - VT Governor Signs Law Extending Child Sex Abuse StatuteOf Limitations

05/15/2013 - Very Good Start in VT!

04/30/2013 - Bill would extend statute of limitations for sex crimes against children


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