When does the statute of limitations for sexual crimes begin to run?

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In accordance with article 1, section 1 of article 132 of the Penal Code, the limitation period begins to run from the date of commission of the crime. In crimes committed against minors (under 18), counting begins from the victim's 35th birthday, and, if he or she dies before turning 35, from the day of her death. At this point it is important to highlight that the beginning of the limitation period for crimes committed against minors (after they turn 35 years old) only applies if the crime has been committed on or after June 25, 2021 , which was when Organic Law 8/2021 came into force, in which this legislative novelty was introduced. We explain it to you in this other post . Prior to this Law, the statute of limitations for crimes of sexual assault/abuse of minors began to run when they turned 18 years old. It is important to take into account this temporal aspect of the norm to calculate whether the crime is statute-barred or not. If you have any questions, contact an expert lawyer.

Section 2 of the same article 132 CP indicates that the prescription is interrupted once the procedure is directed against the person indirectly responsible for the crime, and begins again when the procedure is paralyzed or ends without conviction, in accordance with the rules established. indicated in the article itself. 2. The prescription will be interrupted, rendering the elapsed time ineffective, when the procedure is DM Databases directed against the person indirectly responsible for the crime, beginning to run again from the moment the procedure is paralyzed or ends without conviction in accordance with the following rules: 1. The procedure will be understood to be directed against a specific person from the moment in which, when the case is initiated or subsequently, a reasoned judicial resolution is issued in which his or her alleged participation in an act that may constitute a crime is attributed to him.



Notwithstanding the foregoing, the presentation of a complaint or the complaint made before a judicial body, in which a specific person is attributed his or her alleged participation in an act that may constitute a crime, will suspend the calculation of the prescription for a maximum period of six months, counting from the date of presentation of the complaint or formulation of the complaint. (...) Section 132.2 of the Criminal Code For example , if a criminal case is initiated against an investigated person , whom we will call subject “A”, a statement is taken, he is subjected to a lineup , or any other procedure is carried out , the procedure is formally directed against him. At the moment in which the judicial resolution is issued in which subject “A” is considered investigated, the statute of limitations for the crime is paralyzed. If after the investigation phase has passed , the Court that investigates the facts agrees to the provisional dismissal of the case because there is not enough evidence to accuse subject "A", in that case, the limitation period is restarted and the period begins to count from zero.