SOL vs. perp, employer: + 7 from accrual (narrow discovery) Majority Tolling: √ – Age 18 |
SOL: + 7 from accrual (narrow discovery) or + 4 from leaving dependency of abuser whichever is later; +2 from Majority where accrual occurred during Majority
Burns Ind. Code Ann. § 34-11-2-4 (b) “An action for injury to a person that results from the sexual abuse of a child must be commenced within the later of: (1) seven (7) years after the cause of action accrues; or (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.”
TOLLING:
Majority, yes.
Burns Ind. Code Ann. § 1-1-4-5(8) “Infant” or “minor” means a person less than eighteen (18) years of age.
Burns Ind. Code Ann. § 34-11-6-1 (“A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed.) (Majority is “legal disability w/in meaning of statute).
Discovery, yes, narrow.
Doe v. United Methodist Church, 673 N.E.2d 839, 842 (Ind. 1996) (“Under Indiana’s discovery rule, a cause of action accrues, and the statute of limitations begins to run, when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another. … For a cause of action to accrue, it is not necessary that the full extent of the damage be known or even ascertainable but only that some ascertainable damage has occurred.”);
The discovery rule applies when determining the accrual date for all tort actions. UNR-Rohn v. Summit Bank, 687 N.E.2d 235, 1997 Ind. App. LEXIS 1558 (1997).
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Removed for level 1 and 2 felonies committed on or after June 30, 2014. Removed for A felonies. Victim’s 31st birthday for Child molesting, Vicarious sexual gratification, Child solicitation, Child seduction and Incest. Other sex offenses not otherwise listed: +10 years from commission or +4 from victim’s leaving abuser’s dependence. Burns Ind. Code Ann. § 35-41-4-2 (c), (e), (m).
- Burns Ind. Code Ann. § 35-41-4-2 (c)(“A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.”)
- (Level 2 felonies committed before June 20, 2014 would then fall into SOL rubric of either sub (m) or sub (e).)
- Burns Ind. Code Ann. § 35-41-4-2 (m)(“A prosecution for a sex offense listed in IC 11-8-8-4.5 that is committed against a child and that is not: (1) a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014); or (2) listed in subsection (e) is barred unless commenced within ten (10) years after the commission of the offense, or within four (4) years after the person ceases to be a dependent of the person alleged to have committed the offense, whichever occurs later.”)
- Burns Ind. Code Ann. § 35-41-4-2 (e)(“A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age: (1) IC 35-42-4-3(a) (Child molesting); (2) IC 35-42-4-5 (Vicarious sexual gratification); (3) IC 35-42-4-6 (Child solicitation); (4) IC 35-42-4-7 (Child seduction); (5) IC 35-46-1-3 (Incest).”)
Senate Bill 94
Criminal Extension. Provides that a rape charge otherwise barred by the statute of limitations may be brought within five years of the time that: (1) the state first discovers DNA evidence sufficient to charge the offender; or (2) a person confesses to the offense. View Bill Text as PDF (S.B. 94)
Synopsis: Statute of limitations for rape. Provides that a rape charge otherwise barred by the statute of limitations may be brought within five years of the time that: (1) the state first discovers DNA evidence sufficient to charge the offender; or (2) a person confesses to the offense.
SENATE BILL No. 94
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 35-41-4-2, AS AMENDED BY P.L.168-2014, SECTION 63,IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2015]:
Sec. 2.
(a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, Level 5, or Level 6 felony (for a crime committed after June 30, 2014); or
(2) within two (2) years after the commission of the offense, in the case of a misdemeanor.
(b) A prosecution for a Class B or Class C felony (for a crime committed before July 1, 2014) or a Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014) that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or
(2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
(c) A prosecution for a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014) may be commenced at any time.
(d) A prosecution for murder may be commenced:
(1) at any time; and
(2) regardless of the amount of time that passes between: (A) the date a person allegedly commits the elements of murder; and
(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).
(2) IC 35-42-4-5 (Vicarious sexual gratification).
(3) IC 35-42-4-6 (Child solicitation).
(4) IC 35-42-4-7 (Child seduction).
(5) IC 35-46-1-3 (Incest).
(f) A prosecution for forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.
(g) If a complaint, indictment, or information is dismissed because of an error,defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.
(h) The period within which a prosecution must be commenced does not include any period in which:
(1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;
(2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or
(3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.
(2) The date of issuance of a valid arrest warrant.
(3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
(j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
(k) The following apply to the specified offenses:
(1) A prosecution for an offense under IC 30-2-9-7(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-9).
(2) A prosecution for an offense under IC 30-2-10-9(b) (misuse of funeral trust funds) is barred unless commenced within five (5) years after the date of death of the settlor (as described in IC 30-2-10).
(3) A prosecution for an offense under IC 30-2-13-38(f) (misuse of funeral trust or escrow account funds) is barred unless commenced within five (5) years after the date of death of the purchaser (as defined in IC 30-2-13-9).
(l) A prosecution for an offense under IC 23-14-48-9 is barred unless commenced within five (5) years after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with the offense; or
(2) could have discovered evidence sufficient to charge the offender with the offense by the exercise of due diligence.
(m) A prosecution for a sex offense listed in IC 11-8-8-4.5 that is committed against a child and that is not:
(1) a Class A felony (for a crime committed before July 1, 2014) or a Level 1 felony or Level 2 felony (for a crime committed after June 30, 2014); or (2) listed in subsection (e); is barred unless commenced within ten (10) years after the commission of the offense, or within four (4) years after the person ceases to be a dependent of the person alleged to have committed the offense, whichever occurs later.
(n) A prosecution for rape (IC 35-42-4-1) as a Level 3 felony that would otherwise be barred under this section may be commenced not later than five (5) years after the earlier of the date
on which:
(1) the state first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or (2) a person confesses to the offense.
Source: Indiana General Assembly
Tim Stelloh, Olympic Gymnastics Coach Marvin Sharp Arrested on Suspicion of Child Molestation, NBC News
/in Indiana /by SOL ReformEvery sport
Chris Arnold, Bill to extend statute of limitations on rape moves to full Senate, TheStatehouseFile.com
/in 2015 Legislative Session, Indiana /by SOL ReformSen. Michael Crider, R-Greenfield, presented Senate Bill 94 to the Senate Corrections and Criminal Law Committee on Tuesday that would extend the statute of limitations by five years, so long as the state discovers DNA evidence sufficient to charge the offender, or if a person confesses to the offense after the first five years. The bill passed unanimously.
Poet hopes new work helps other abuse victims heal, Seth Grundhoefer, The Madison Courier
/in Indiana, New York /by SOL ReformHere’s a hero
Survivors Petition Indiana Governor & General Assembly
/in Indiana /by SOL ReformGood for IN! Hope politicians listen
A great fighter for survivors and SOL reform!
/in Indiana, New York, Pennsylvania /by SOL ReformView article as PDF: http://sol-reform.com/JFS_ND_Article_2013.pdf
Indiana Law Gives More Time To Report Child Sexual Abuse
/in Indiana /by SOL ReformA law going into effect July 1 gives survivors of child sexual abuse seven years to report a crime or four years after the child leaves the care of the alleged perpetrator. That is an increase from the previous two-year statute of limitations. Monroe County Prosecutor Chris Gaal says after that time period, his office […]
IN improves its civil SOL. Good step forward but much more needs to be done.
/in Indiana /by SOL ReformFirst Regular Session 118th General Assembly (2013) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in thisstyle type. Additions: Whenever a new statutory provision is […]
Outrageously bad IN SOL improved…..
/in Indiana /by SOL ReformINDIANAPOLIS | The Indiana Senate voted 49-0 Thursday to lengthen the amount of time a criminal or civil action relating to child sex abuse can be brought. “The children deserve it, they deserve our protection,” said state Sen. Frank Mrvan, D-Hammond, the sponsor of Senate Bill 142. The current statute of limitations for a sex crime […]