The statute of limitations in Nevada sets a deadline for a person to file a lawsuit after an injury or crime. If you file a case after the legal clock provided under the statute for your particular case, it is considered time-barred, meaning you cannot successfully file it in court. Although sometimes the statute of limitations seems unfair for victims of severe crimes like rape, it ensures fairness because it prevents the filing of stale claims. The time frame also allows victims to move past their crimes sooner rather than later. It helps avoid issues like lost evidence and fading memories, which can affect the credibility of a case.

There is no deadline for filing a rape case in Nevada if there is DNA evidence or if you filed the case with the police within 20 years of its occurrence. However, you have 20 years to bring a case if you did not report it to the police after its occurrence, or if there is no DNA evidence. A competent personal injury attorney can help you understand how the statute of limitations applies in your case. They will also help you with filing to ensure a favorable outcome.

How Statute of Limitations for Rape Changed in Nevada

Sexual assault can leave a person traumatized for a very long time. Most victims are usually unwilling to talk about the ordeal immediately or even long after it happens. This leaves hundreds of rape crimes unreported and unresolved, and perpetrators with the leeway to offend again. Today in Nevada, a rae victim can gather their thoughts before reporting the matter to the police. However, it has not always been like this. Initially, (before October 2011), victims of rape had up to four years to report the attack to the police. Due to the unpreparedness of most victims, mainly because of unhealed trauma, many cases remained unreported.

Times have changed, and the statute of limitations for sexual assault has been extended. Today, you have up to twenty years to report a rape case if there is no DNA evidence or an existing police file on the same. However, if you made a police report, and there is DNA evidence, you can pursue the matter in court at any time, even after twenty years. This is critical as it allows victims of rape to compose themselves first, so they can easily and confidently recount the details of the violation before a judge for a fair resolution.

Before 2015, prosecutors had up to four years after the sexual assault to file a case in court. However, the Me Too era cases, including the Bill Cosby trial, brought to light the difficulties that victims of rape face when reporting cases right after the rape. A rape significantly affects various aspects of a victim’s life, including their mental, physical, and emotional well-being. They try hard to get better before reporting the matter to the police, which never happens, especially when the statute of limitations is only a few years. Some victims wait for years, and even after that, they are never ready to come forward.

Extending the statute of limitations to twenty years or more allows them to come to terms with the incident and master the strength to report. Additionally, it also takes time for a professional, like a therapist, to convince a victim of rape that it is in their best interest to report the matter and pursue justice.

Example: Justine was raped by someone she trusted enough to go on a vacation with. Initially, she could not believe that someone she trusted so much could betray her to that extent. Then, as days turned into weeks and months, she blamed herself for what happened. She slowly sank into depression until her best friend talked her into going for therapy.

Fortunately, her therapist was able to convince her that she was a victim and not liable for what happened. She gathered some strength and made a report after 20 months of the incident. In this case, the police do not have a deadline to apprehend the alleged perpetrator. This is because Justine reported the matter within 20 years of its occurrence. This is still true even if no DNS evidence supports the case.

Sexual assault is a serious crime, with lifelong consequences for the victim and their loved ones. It causes emotional trauma that can last for years, and result in stress-related illnesses like depression. Rape can also result in unwanted pregnancies and sexually transmitted diseases. It is only fair to allow victims enough time to come forward and press charges against the perpetrators.

Reasons Why Most Rape Victims Take Time to Report

Cases of rape are challenging to solve because these are crimes that happen in hiding or in the dark, mostly without an eyewitness. Courts rely mainly on the victim’s word, which the perpetrator can counter in an attempt to downplay the incident. Rape victims are usually afraid that no one will believe them. Some are too ashamed to recount the incident that caused them so much pain. Here are some of the reasons why sexual assault cases are not reported right away, and why victims need enough time to come forward:

  • Some victims are too ashamed to admit that they were raped, because sexual assault is almost always too shameful. The events, which the victim must recount in court, are mostly difficult to narrate.
  • Some victims are paralyzed by trauma or the shock or rape days, weeks, or months after the incident. It takes the intervention of a therapist to get the victim out of the shock.
  • Other victims do not realize that they are victims of a serious crime until several months or years later. This can be true if the victim was a minor, or was unconscious, mentally ill, or too intoxicated to understand what happened to them.
  • Victims do not report such crimes because they blame themselves for what happened. It could be that they voluntarily followed the perpetrator, were too trusting, or did not fight back.
  • Some victims of rape feel that they are not perfect victims and are afraid that other people will not take them seriously. This can be the case if the victim was in a relationship or had a crush on the alleged perpetrator. It becomes difficult to report if you are afraid that people will think you wanted ‘sex’ from the perpetrator.
  • Some victims of rape are unwilling to relive the traumatic incident, especially if the incident hurt them physically, emotionally, or mentally. Reporting means retelling the incident many times to the police and the court, especially in the presence of a perpetrator or many witnesses.
  • If the alleged perpetrator is a friend or family member, a victim of rape can refuse to report to avoid further problems, hoping that by keeping quiet, things will return to how they were
  • Other victims refuse to report because they are threatened with violence or retaliation by the alleged perpetrator or someone more powerful or influential.
  • You may refuse to report a rape if you do not have evidence to support your claim and are afraid that no one will believe you. The fear that the court will dismiss your charges for insufficient evidence can be a valid reason for refusing to come forward.
  • Social media influence can also be the reason why a victim of rape refuses to report. It could be that the alleged perpetrator is more popular on social media, and you are afraid of backlash or cyberbullying.

Sadly, perpetrators of sexual assault thrive in silence. They always hope no one will report, giving them a leeway to offend again. However, you should know that a perpetrator remains guilty of rape years after the incident. You can report the case years after the incident and still get a guilty verdict. The extension of the statute of limitations for rape cases gives survivors enough time to come to terms with the incident, prepare their statements, and gather evidence to file a strong case with the court.

The Difficulty in Proving Old Rape Charges

Criminal court judges rely on evidence and statements by the victims, the police, and perpetrators to determine criminal cases. Reporting a case while it is still fresh is encouraged because you can easily remember how the crime occurred and how it made you feel. Eyewitnesses can also provide reliable testimonies in court so that the judge can give a fair ruling. However, this is not always true for sexual assault cases. A rape case is hard to prove right after it occurs, and so many years later. They are even more difficult to prove after years because of the following:

  • A victim’s memory of the incident can fade, making it even more challenging to provide a reliable statement.
  • Evidence can be lost with time, making it difficult for the victim to provide enough proof to support their claim. This can result in fewer penalties or case dismissal for the perpetrator.
  • If the alleged perpetrator changes their life and starts living a respectable, crime-free life after the incident, it can be challenging to prove a case against them years after the incident.

However, this does not mean that your case becomes invalid after years of rape. According to the Bill Cosby trial, a criminal court can convict a perpetrator of sexual assault even after the case has become stale. A competent criminal defense attorney can still build a solid case against the perpetrator that can result in a favorable outcome.

What To Expect after Filing Sexual Assault Charges in Nevada

Sexual assault or rape is a serious offense under Nevada laws. It is a category A felony, with varying penalties depending on the age of the victim, whether there were injuries, and whether the perpetrator has a criminal history. Although it could be challenging to file rape charges because of trauma or the fear of not obtaining a favorable outcome, there is a possibility of finding justice because of the severe penalties perpetrators receive upon conviction.

If you were 16 years or older when the crime occurred, the perpetrator will likely receive the following penalties upon conviction:

  • Life imprisonment without the possibility of parole
  • Life imprisonment with a possibility of parole. However, the perpetrator must serve a prison sentence of at least 15 years to qualify for parole.

If you sustained a substantial bodily injury during the crime, the perpetrator will likely receive life in prison. If not, they could be eligible for parole after ten or fifteen years.

If you were a minor at the time of the crime, and the perpetrator does not have a prior sexual assault charge or any sex crime against a minor, they can receive the following penalties upon conviction:

  • Life imprisonment without parole if you sustained a substantial bodily injury
  • Life imprisonment with the possibility of parole after 25 years if you were 15 or 15 at the time, and did not sustain a substantial injury
  • Life in prison with the possibility of parole after 35 years if you were 14 years or younger and did not sustain a substantial injury.

If the crime occurred when you were at least 16, and the perpetrator has prior sex-related convictions on their record, either for rape or any sex crime against a minor, they will receive life imprisonment without parole upon conviction.

A conviction for sexual assault also carries a requirement for the perpetrator to register in the sex offender registry. The registration happens in three categories:

  • Under Tier III, the perpetrator must register their name, address, and physical description in a public registry every 90 days for life
  • Under Tier II, they must register every six months for 25 years
  • Under Tier I, they must register every year for fifteen years

Filing a Personal Injury Lawsuit Against the Perpetrator

In addition to filing criminal charges against the perpetrator, you can sue them in a civil court for damages if you are raped in Nevada. You can do this under several laws, including battery, intentional infliction of emotional distress, or false imprisonment. You can also file a lawsuit against anyone who contributed to the rape. From this lawsuit, you can recover compensation for your damages, including medical bills, pain and suffering, lost wages, and loss of future earnings. A skilled personal injury attorney can help you establish your eligibility for compensation and assist you with the court processes involved.

Remember that a rape can result in bodily injuries, for which you require medical treatment. In some cases, victims of rape are left to cover such damages out of their own pockets. The trauma, stress, and depression that result from rape can also necessitate counseling and therapy. You could miss several days of work as you recover from the ordeal. Some people’s lives are changed significantly by a rape incident, such that they are unable to engage in gainful employment. If this happens, you can file a personal injury case against the perpetrator to recover your damages.

A lawsuit will also help you recover compensation for your attorney's fee. With the help of a skilled personal injury attorney, you can identify all your damages and include them in your claim to strengthen your case.

Additionally, the court can grant punitive damages in extreme cases of rape where the perpetrator engages in gross negligence to cause your damages. Generally, punitive damages are more than compensatory damages. The compensation recovered will ensure you receive proper treatment, therapy, and care as you recover from the physical, emotional, and mental effects of the rape.

Fortunately, Nevada does not have a statute of limitations for filing personal injury lawsuits against perpetrators of rape for adult victims. You do not need to rush through the lawsuit for compensation. You can take time to recollect your thoughts, gather evidence, prepare a statement, and find any supporting documents that will strengthen your case. If the violation happened as a minor, you have up to twenty years after turning 18 to bring the lawsuit against the perpetrator.

Find an Experienced Personal Injury Attorney Near Me

If you are a victim of sexual assault in Las Vegas, you can file charges against the perpetrator in a criminal court and file a lawsuit for damages in a civil court. A rape is a life-changing event that can result in physical, emotional, and psychological harm. However, it can take a long time for you to come forward to report the case to the police or file a lawsuit against the perpetrator. Understanding the statute of limitations for sexual assault help determine the right time to bring a criminal case and file a lawsuit for justice and damages, respectively.

At Las Vegas Personal Injury Attorney Law Firm, we understand how difficult reliving a rape is. We can offer the support and guidance you need to prepare and file a strong lawsuit against the perpetrator for your damages. We can help you gather evidence, explain your rights and options, and prepare all necessary documents to support your claim. Call us at 702-996-1224 to learn more about your situation and our services.