What is the statute of limitations in Nevada rape cases?

Posted on September 7, 2021

What is the statute of limitations for sexual assault in Nevada?

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Nevada law has no statute of limitations to bring rape (NRS 200.366) charges when either 1) the suspect is identified by DNA evidence, and/or 2) a police report of the alleged rape is filed within 20 years of the incident.

Otherwise, there is a 20-year statute of limitations for sexual assaults that occurred on or after October 1, 2011 in the state of Nevada. If the rape allegedly occurred prior to that date, the time limit to bring criminal charges is four years after the offense.¹

Why was the statute of limitations extended?

Prior to 2015, the period of time prosecutors had to press charges was only four years after the incident. But the Bill Cosby trial as well as other Me Too era cases drew attention to the fact that many victims of sexual offenses do not report the case right after it happens. In some rape cases, victims may wait years or decide never to come forward.²

Since sexual assault is so serious and can have lifelong consequences – such as emotional trauma, STDs, pregnancy – it is fairer to give victims more time to decide whether or not to come forward and press for criminal prosecution.

Why do some rape victims not report immediately?

Some reasons victims in sexual assault cases elect not to report right away include:

they feel shame over the rape
they are paralyzed by shock and trauma
they do not realize they were crime victims (especially if they are young)
they blame themselves (even though they did nothing wrong)
they were not “perfect victims” and believe others will think they “asked for” the sex
they do not want to “relive” the trauma by reporting the matter to the police and enduring a possible trial
they do not want to “stir up” problems and just hope things will return to normal
the rapist threatened them with harm if they did report
they did not save any evidence of the rape and assume any criminal charges would be dropped
they are afraid of public backlash, especially on social media

People who commit sexual assault crimes are no less guilty 20 years after the incident than four years. By extending the statute of limitations, survivors have more time to process their situation and decide whether to file a police report.

Certainly, sexual assault charges are usually tougher to prove the more time has passed. This is because:

memories may not be as reliable
there may be less evidence
if the person accused of rape charges has gone on to live a respectable life, it may be difficult to cast him/her as a rapist

However, the Cosby trial is proof that it may be possible to convict someone on sexual assault charges even if the case is “stale.” (Cosby’s criminal defense attorneys were able to get his conviction overturned on procedural grounds.)³

What is the sentence for rape in Nevada?

The crime of sexual assault is a category A felony in Nevada and carries a life sentence. If and when the defendant gets paroled depends on the circumstances of the case.

If the victim is 16 years of age or older and he/she sustained substantial bodily harm, the court may deny parole completely or permit it no sooner than after serving 15 years. If there were no serious injuries, then the defendant can possibly be paroled after 10 years.

If the victim is under 16, the defendant will be denied parole if the victim sustained substantial bodily harm or if the defendant had a prior conviction of rape or a sex offense against a child.

Otherwise, there is the possibility of parole no sooner than after 25 years in prison if the victim is 14 or 15. And if the child is under 14, the possibility of parole occurs after 35 years have been served.

Convicted rapists who get released from prison are required to register as a sex offender in Nevada.⁴

What crimes have no statute of limitations in Nevada?

The Nevada crimes of murder (NRS 200.030) and terrorism (NRS 202.445) have no statute of limitations. Sex trafficking (NRS 201.300) has no statute of limitations if a police report is filed within four (4) years of the alleged trafficking. And rape has no statute of limitations if either:

a police report is filed within 20 years of the rape; or
the identity of the suspect is established by DNA evidence⁵

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Legal References

NRS 171.083 No limitation for sexual assault or sex trafficking if written report filed with law enforcement officer during period of limitation; effect of disability on period of limitation.1. If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault, a person authorized to act on behalf of a victim of a sexual assault, or a victim of sex trafficking or a person authorized to act on behalf of a victim of sex trafficking, files with a law enforcement officer a written report concerning the sexual assault or sex trafficking, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be commenced.2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.3. If a victim of a sexual assault or sex trafficking is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault or sex trafficking is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.4. For the purposes of this section, a victim of a sexual assault or sex trafficking is under a disability if the victim is insane, intellectually disabled, mentally incompetent or in a medically comatose or vegetative state.5. As used in this section, “law enforcement officer” means: (a) A prosecuting attorney; (b) A sheriff of a county or the sheriff’s deputy; (c) An officer of a metropolitan police department or a police department of an incorporated city; or (d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive. NRS 171.085 Limitations for felonies. Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for: 1. Theft, robbery, burglary, forgery, arson, sex trafficking, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense. 2. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense. 3. Any felony other than the felonies listed in subsections 1 and 2 must be found, or an information or complaint filed, within 3 years after the commission of the offense. Conner v. State, (2014) 130 Nev. 457, 327 P.3d 503, 130 Nev. Adv. Rep. 49. Alotaibi v. State, (2017) 133 Nev. 650, 404 P.3d 761, 133 Nev. Adv. Rep. 81.
See Nevada Assembly Bill 142 (2019); see Nevada Assembly Bill 212 (2015).
Maryclaire Dale, Bill Cosby freed from prison, his sex conviction overturned, AP News (June 30, 2021).
NRS 200.366.
NRS 171.095; NRS 171.080; NRS 171.083.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.