What is the Statute of Limitations for Rape or Sexual Assault in the UK?
The time period that someone can be charged for committing rape or sexual assault in the UK is often misunderstood. This article will discuss the legal rules surrounding the statute of limitations for rape in England and Wales.
If you’re interested in a particular section, use the links below to navigate straight to it:
- What is rape?
- What is sexual assault?
- What is the statute of limitations?
- Is there a statute of limitations for sexual assault or rape in the UK?
- Why does the UK not have a statute of limitations on rape or sexual assault?
- What should you do if you are accused of a historic sexual offence?
- How we can help
Accused of a sexual assault or rape? Contact our criminal defence solicitors today for expert guidance and support.
What is rape?
Rape is defined in Section 1 of the Sexual Offences Act 2003 as the intentional penetration of the mouth, vagina or anus of person B, with the penis of person A, without the consent of person B.
What is sexual assault?
Sexual assault is when someone either sexually touches another person without consent or makes another person sexually touch them without consent. For more information, read our guide on the differences between rape and sexual assault.
What is the statute of limitations?
A “statute of limitations” is a piece of legislation which effectively acts as a time limit for charging someone with a criminal offence. After this time limit, a claim or charge can no longer be filed or pursued. This ensures fairness by preventing stale claims where evidence may be lost, and provides finality for the defendant.
The UK has statutes of limitations, but only for civil claims under the Limitation Act 1980.
Is there a statute of limitations for sexual assault or rape in the UK?
There is no statute of limitations for sexual assault or rape in the UK. Because these offences are indictable rather than summary, they can be prosecuted at any time, no matter how long ago they occurred.
The only exception concerns historic unlawful sexual intercourse offences committed between 1956 and 2004, involving teenagers aged 13 and 15. In those cases, prosecutions had to be brought within one year of the alleged offence.
Why does the UK not have a statute of limitations on rape or sexual assault?
The UK does not impose a statute of limitations on rape or sexual assault to ensure that victims, particularly those abused as children, are not denied justice. Many survivors may not have understood what happened to them at the time or may have felt unable to speak out due to fear, shame, or manipulation.
Allowing cases to be brought at any time helps prevent these offences from going unpunished. However, prosecuting historic sexual offence cases is not without difficulty: evidence can be scarce, memories may fade, and the process can be lengthy and complex for both sides.
What should you do if you are accused of a historic sexual offence?
Because there is no statute of limitations in the UK, it is possible to face allegations of a sexual offence many years after the alleged incident. Such an accusation can be overwhelming and deeply distressing, so it is vital to know how to respond.
The first step is to seek immediate legal advice from a specialist criminal defence solicitor. Historic sexual offence cases are complex and often hinge on evidence that is limited, dated, or reliant on witness testimony. A solicitor experienced in these cases can assess the prosecution’s evidence, identify weaknesses, and build a strong defence strategy tailored to your situation.
Legal support is also crucial in ensuring your rights are protected throughout the investigation and, if necessary, during trial. With the right representation, it may be possible to effectively challenge the allegations, have charges dropped, or secure a reduced sentence if a conviction cannot be avoided.
How we can help
If an allegation is made against you, or you require assistance and advice on any historic sexual allegations such as this, Richard Nelson LLP can assist you with understanding the elements of the offence, reviewing any evidence and representing you throughout. We have extensive experience in handling such cases, from pre-charge engagement through to trial proceedings.
Our knowledge and expertise in defending sexual offences affords us the ability to help you navigate these complex and often long cases with as little stress as possible. Contact our team today to discuss your situation in confidence.
