Statute of Limitations for Sexual Assault Indictment in Union County

New Jersey Sex Crime Attorney – Anthony N. Palumbo

A man was arrested for sexual assault in New Jersey based on an alleged incident that took place ten years ago.  The man was charged with second-degree sexual assault, a crime that carries the possibility of up to ten years in prison.  The alleged incident occurred at his apartment with a girl, who at the time was five-years-old.  The arrest took place after the girl and her mother went to the police station and filed a report.  Subsequently, the man was taken to police headquarters where he admitted to the conduct, but denied that the girl was five-years-old at the time.  According to the defendant, she was seven.  Even though this crime may have occurred a decade ago, the statute of limitations for sexual assault in New Jersey does not bar this action.

Under the statute of limitations for sexual assault in New Jersey, if the victim is under eighteen-years-old, the charge must be brought within five years after victim attains eighteen.  However, if the assault is not discovered until much later, the action can still be brought so long as it is commenced within two years of the discovery of the offense.  In this case, the former rule applies.  The victim can bring the case because she was under eighteen when the alleged assault occurred and the action commenced before she was twenty-three years-old.  However, if the act had not been discovered until she was twenty-eight, she would have been able to bring an action against the defendant before she was thirty-years-old.