Kansas Statute Of Limitations For Sex Crimes

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No statute of limitations for a criminal rape charge. An investigation or charges can be filed at any time.

In a civil suit where the victim is an adult, two (2) years from the date of the incident.

In a civil suit where the victim is a minor, they have three (3) years from the age of 18 or three years from the date the victim realizes they have suffered an injury or illness caused by sexual abuse.

Proposed legislation has been introduced in the Kansas state legislature to amend § 21-5503 and expand the definition of rape.

Visit our Rape Charges Page.

Statute of limitations for sexual battery, criminal charges must be filed within five (5) years after the alleged crime is committed.

Statute of limitations for aggravated sexual battery when the victim is eighteen (18) years of age or older, charges must be filed within ten (10) years of the occurrence of the violation, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

When the victim is a minor, less than eighteen (18) years of age, charges must be filed within ten (10) years of the date the victim turns eighteen (18) years of age, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

Visit our Sexual Battery Charges Page.

the victim is 14 years old or younger.

The offender is an adult, 18 years or older, and the victim is 14 years old or younger, and the offender commits, conspires, solicits, or attempts to commit aggravated indecent liberties this is an off-grid felony. The sentencing guidelines grid does not have to be used in sentencing.

The victim is younger than 18 years old.

The offender is an adult, 18 years or older, and the victim is younger than 18 years old, criminal charges must be filed within ten (10) years of the date the victim turns eighteen (18) years old, or one (1) year from the date on which
the identity of the suspect is conclusively established by DNA testing, whichever is later.

For more information visit the indecent liberties page.

The victim is 18 years of age or older.

If the victim is an adult, 18 years of age or older, criminal charges must be filed within ten (10) years of the occurrence of the violation, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

The victim is under 18 years of age. 

If the victim is a minor, under 18 years old, criminal charges must be filed within ten (10) years of the date the victim turns eighteen (18) years old, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

Criminal charges must be filed within ten (10) years of the date the victim turns eighteen (18) years of age, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

More information on Sexual Exploitation Of A Child

Incest

Criminal charges must be filed within five (5) years after the crime is committed.

Aggravated Incest

The victim is 18 years of age or older:

Criminal charges must be filed within ten (10) years of the occurrence of the violation, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

The victim is less than 18 years of age:

Criminal charges must be filed within ten (10) years of the date the victim turns eighteen (18) years of age, or one (1) year from the date on which the identity of the suspect is conclusively established by DNA testing, whichever is later.

The period within when criminal charges can be filed shall not include

• accused is absent from the state;
• accused is concealed within the state so that process cannot be served upon the accused;
• fact of the crime is concealed;
• prosecution is pending against the defendant for the same conduct;
• an administrative agency is restrained by court order from investigating or otherwise proceeding on a matter before it;
• whether or not the fact of the crime is concealed by the active act or conduct of the accused, there is substantially competent evidence to believe two or more of the following factors are present:
• victim was a child under fifteen (15) years of age at the time of the crime;
• victim was of such age or intelligence that the victim was unable to determine that the acts constituted a crime;
• the victim was prevented by a parent or other legal authority from making known to law enforcement authorities the fact of the crime whether or not the parent or other legal authority is the accused; and
• there is substantially competent expert testimony indicating the victim psychologically repressed such witness' memory of the fact of the crime, and in the expert's professional opinion the recall of such memory is accurate and free of undue manipulation, and substantial corroborating evidence can be produced in support of the allegations contained in the complaint or information but in no event may a prosecution be commenced as provided in this section later than the date the victim turns twenty-eight (28) years of age.