The statute of limitations for sexual assault (rape) in Nevada

Posted on October 27, 2023

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

Example: Tonya was date-raped on New Year’s Day, 2013. She blamed herself for years until a therapist later explained to her that she was a crime victim. Tonya then filed a police report in 2023.

Since the incident occurred on or after October 1, 2011 and she filed a police report within 20 years of the incident, there is no statute of limitations for the police to arrest her perpetrator.

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?

Ten 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.

Difficulty proving old sexual assault charges

Certainly, sexual assault charges are usually tougher to prove as more time passes. 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 them as a rapist

However, the Cosby trial shows 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 under Nevada state law. The penalties turn on the victim’s age, whether the victim was injured, and the defendant’s criminal history:

Age of victim in Nevada sexual assault case	Penalties for Nevada sexual assault conviction
16 years of age or older	Life in prison with no parole; or Life in prison with the possibility of parole after 15 years; or Life in prison with the possibility of parole after 10 years (only if the victim sustains no substantial bodily harm)
Under 16, and the defendant has no prior conviction(s) of sexual assault or a sexual offense against a child	Life in prison with no parole (if the child sustains substantial bodily harm); or Life in prison with the possibility of parole after 25 years (if the child is aged 14 or 15 and sustains no substantial bodily harm); or Life in prison with the possibility of parole after 35 years (if the child is under 14 and sustains no substantial bodily harm)
Under 16, and the defendant has a prior conviction(s) of sexual assault or a sexual offense against a child	Life with no parole

In addition, convicted defendants must register as sex offenders.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.

As discussed above, 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 evidence.⁵

Is consent a defense to sexual assault charges?

Yes. A person indicates a lack of consent to sex not only by saying no or shaking one’s head no. Not giving consent is presumed when the person is too intoxicated or incapacitated to willingly give consent in the first place. This typically happens with the person is either:

asleep,
drunk or high,
passed out,
under general anesthesia,
overdosed on drugs,
in a coma or vegetative state, or
extremely mentally disabled

Rape is charged the same way no matter whether the people involved are strangers or in a relationship. Rape can even occur between spouses, though arguably it is not criminal in Nevada for one spouse to have non-consensual sex with the other as long as it is unforced (such as if the other spouse is asleep). Learn more about spousal rape.⁶

Other potential defenses to rape charges that a criminal defense attorney can raise include that the defendant was falsely accused, or that no sexual penetration occurred.

Additional resources

For help for victims, refer to the following:

Sexual Assault Hotlines – Organizations and agencies compiled by Nevada 211.
Sexual Assault Hotline and Help – Help for rape survivors by the Crisis Support Services of Nevada (CSSNV).
For Survivors – List of services provided by the Las Vegas Metropolitan Police Department.
National Sexual Assault Hotline: Confidential 24/7 Support – Immediate help by the Rape, Abuse, and Incest National Network (RAINN).
Sexual Assault – Guidance and help by Signs of Hope.

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 also SB 129 (2023)(no statute of limitations to bring personal injury lawsuit based on sexual assault of an adult).
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.
NRS 200.373.

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.

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