In Australia, Is There A*Cut Off* Time For Reporting Rape, Child s*x Crimes, Abuse On Children??

Question

I thought there was a 8 year limit to reporting these crimes, but now I am seeing reports against the *Priests* on the news, from 20 plus years ago.

Is there a time *cut off* or can you report the crimes whenever you feel like it?

Answer 1

There is a statute of limitations on reporting s*x crimes and I believe in Australia it's currently 10 years from the time the child turns 18.  Austrailia is currently trying to not only extend it to 30 years, but they are also trying to abolish the statute of limitations.  The priests situation is hard to understand, as far as how long ago it took place.  Many of the cases I have heard of involve the victims "remembering" at a later date and they are able to still prosecute.  I have never worked in s*x crimes, so it's not my area of expertise.    

Answer 2

No, there is no time limit within which to report these crimes. In Australia, criminal offences are prosecuted on behalf of the Crown, and there is a legal maxim "nullum tempus occurrit regi" (time does not run against the Crown). So, the Crown (usually represented by a State) can initiate a criminal prosecution against anyone for such crimes at any time they like.

Lov4nzyx2 has absolutely no idea what she's talking about (yet again a person becoming a "top contributor" by simply incorrectly answering plenty of questions!) - the other person is correct when they point out that a Statute of Limitations only operates for civil suits such as the victim trying to personally sue the attacker. On this aspect have a look at this article - http://www.tfyqa.biz/index.php?id=176

Answer 3

I'm not sure where the above answer got its facts from, but for major CRIMES like rape and indecent assault, there is NO statute of limitations period. Therefore the police will always be interested in a major crime report no matter how long ago it happened (within practical limits obviously).

The relevant statute of limitations does apply to civil claims, i.e. personal injury suits or actions per quod, and there are special rules when the action is against a parent or guardian upon the injury or death of a minor. E.g. in NSW, this is found in s50E of the Limitations Act 1969:

    (1) If a cause of action is founded on the death of or injury to a person ( "the victim") who was a minor at the time of the act or omission alleged to have resulted in that death or injury and the cause of action is against a person who at that time was a parent or guardian of the victim or a close associate of a parent or guardian of the victim:

        (a) the cause of action is for the purposes of this Division discoverable by the victim when the victim turns 25 years of age or when the cause of action is actually discoverable by the victim, whichever is the later, and

        (b) the 12 year long-stop limitation period for the cause of action is a period of 12 years running from when the victim turns 25 years of age.

Subsection 1 triggers the short-stop period of 3 years in s50C