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  1. #1
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    Dec 2011
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    Default What is the Statute of Limitations Regarding Sexual Assault of a Minor in Michigan

    My question involves criminal law for the state of: Michigan
    What is the statute of limitations for criminal and or civil claims stemming from the sexual abuse of a 12 year old by a teacher? The situation continued for nearly 4 years. However, it was over 20 years ago.
    I would like to know if anything can be done at this point.
    Thank you in advance for any information made available to me.

  2. #2
    Join Date
    Jan 2008
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    Default Re: What is the Statute of Limitations Regarding Sexual Assault of a Minor in Michiga

    It is, unfortunately, too late.

    MCLS 767.24
    In the 1st degree and punishable by life imprisonment – indictment may be filed at any time.

    An indictment may be found and filed w/in ten (10) years after the offense is committed or by the alleged victim’s 21st birthday, whichever is later.

    All other indictments for criminal sexual conduct must be commended w/in six (6) years.
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  3. #3

    Default Re: What is the Statute of Limitations Regarding Sexual Assault of a Minor in Michiga

    For a civil case, 2 years. Michigan doesnt have any special rules for sexual abuse of a minor, nor delayed discovery rules for memory claims. The only potential tolling of the SOL is if the minor victim was declaired insane at the time, in which case they'd have an additional 1 year after the disability was removed.

    For a criminal case, there's no SOL for criminal sexual conduct in the first degree - per 767.24. Not all "abuse" is the same. There's a huge legal difference between rape and over the clothes fondling, for instance. To meet the requirements to be charged for first degree criminal sexual conduct, there must be actual sexual penetration (ie intercourse or sodomy). If there was, then because there are other elements, such as the victim being under the age of 13, and the special circumstance of the perpetrator being an education professional, prosecution MAY still be possible. For any OTHER type of sexual contact, the SOL is long gone.

    However, with that said, the case is 20 years old. Is there documentation of injury or some related treatment from a medical professional? DNA evidence? A child born that genetically links the perpetrator to the victim? Admission of guilt that may make the DA think they can get a plea bargain (despite TV, they almost never confess on the stand in actual court)? The prosecutor is going to need SOMETHING other the accusation to take to a jury - and again that's only IF the crime can be charged as 1st degree, as noted above.
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