In a move that will ensure victims can have their voice heard, Minnesota will soon be ditching the statute of limitations in cases of sexual violence so that victims can come forward and share their story on their own time.
The change was made during a legislative session earlier this year, and it removes the current statute of limitations involving cases of sexual violence. Previously, victims had six years from the date of the incident to report the crime to authorities. Now, they’ll be able to file a legitimate claim against a perpetrator 10, 20 or 50 years down the road. The goal of the change was to allow victims all the time they need to process the incident and get to a healthy place where they are moving forward with a case because they are ready, not because the law dictates that the need to move forward by a specific date in order to get justice.
The statute of limitations will officially be removed on September 15 and apply to all incidents that happen after that date, so while anyone who was assault prior to that date will still need to move forward with a case within six years, the move is a huge step in the right direction.
Why Wouldn’t Victims Report?
The goal of the change in reporting deadlines is to ensure that victims can move forward with their case at their own pace. Sexual assault is an extremely traumatizing experience, and many victims have a number of legitimate reasons as to why they choose not to report the crime right away, said Rep. Athena Hollins, DFL-St. Paul, who backed the bill.
“We know that there’s a lot of really legitimate reasons for not coming forward about it. Some folks have told me they wanted to wait until their mother passed away because they didn’t want their parents to have to live with that trauma of knowing that their child had been abused,” said Hollins.
For others, their assailant may be in their circle of friends or someone they work with, and it can take time to sort out the pieces of an assault from someone close to you. Others may need time to seek counseling in order to really process what happened and how they can best move forward, meaning everyone’s timeline for recovery is different. It’s nice to see that Minnesota lawmakers are putting the victims first in these types of cases so that they can get justice on their own time.
With all due respect to the time a victim needs to overcome the trauma of an assault, it’s worth mentioning that it’s typically in your best interest from a judicial side to report the crime sooner rather than later. It will be easier for evidence collection and to ensure the accuracy of any witness statements. Obviously take all the time you need, but know that even though the statute of limitations has been removed, there are still some benefits with moving forward as soon as you are ready.
If you need assistance with this process or any other legal help, reach out to Avery and the team at Appelman Law Firm today.
