Understanding the Statute of Limitations for Rape in Massachusetts
When facing a serious criminal accusation like rape, one of the first legal questions that arises is whether the Commonwealth can still bring charges. In Massachusetts, the answer depends on the statute of limitations — a legal deadline for prosecutors to file criminal charges. For anyone accused of a sex crime, this deadline can be critical in mounting a strong defense.
What Is the Statute of Limitations?
The statute of limitations sets the maximum amount of time the prosecution has to begin a criminal case after an alleged offense. If this period expires before charges are filed, the defense can file a motion to dismiss the case. This rule is designed to protect against stale claims, where evidence may have been lost and witnesses’ memories have faded.
For serious crimes like rape, Massachusetts law gives prosecutors more time than for many other offenses — but there are still limits in most situations.
The Massachusetts Law: M.G.L. c. 277, § 63
In Massachusetts, the statute of limitations for rape is governed by Massachusetts General Laws Chapter 277, Section 63. The law makes a key distinction between alleged victims who are adults and those who are minors at the time of the alleged offense.
Rape Involving Adults (Age 17 or Older)
Time Limit: In most cases, the Commonwealth has 15 years from the date of the alleged offense to bring charges.
If prosecutors file an indictment after that deadline, the defense can challenge the case and seek dismissal.
Rape or Sexual Assault of a Child (Under Age 16)
No Absolute Time Limit: If the alleged victim was under 16, there is no statute of limitations in the usual sense.
Special 27-Year Rule: If prosecutors wait more than 27 years after the offense to bring charges, they must have independent corroborating evidence — something beyond the accuser’s testimony — to support the case.
Clock Start Date: The clock doesn’t begin running until the earlier of:
The date the alleged victim turns 16; or
The date the alleged offense is reported to law enforcement.
Why the Statute of Limitations Matters in Sex Crime Defense
The statute of limitations can be one of the most powerful tools in a sex crime defense strategy. If the Commonwealth has missed the filing deadline, the defense can move to have the charges dismissed outright. Even when the prosecution claims an exception applies, the burden is on them to prove it.
In addition, understanding the statute of limitations can help the defense:
Challenge stale evidence: Memories fade, documents get lost, and forensic evidence can degrade over time.
Undermine credibility: Significant delays in reporting may raise questions about the reliability of the accusations.
Leverage in negotiations: A borderline limitations case may give the defense stronger bargaining power for a dismissal or reduced charges.
Common Exceptions and Issues in Massachusetts Sex Crime Cases
While M.G.L. c. 277, § 63 sets the general rules, there are situations where the timeline can be extended or tolled (paused), such as:
The accused left Massachusetts after the alleged offense (absence stops the clock until return).
DNA evidence links the accused to the crime and is discovered before the limitations period expires.
New laws expanding limitations periods — though these generally do not revive already-expired cases due to constitutional limits.
Because these rules are complex, it is critical to consult with an experienced Massachusetts criminal defense lawyer who focuses on sex crimes defense.
Defending Against Late-Filed Sex Crime Charges
If you are contacted by police or receive notice of a rape investigation for an alleged incident years in the past, you should:
Avoid speaking to investigators without a lawyer present.
Preserve any evidence you may still have — texts, emails, calendars, or receipts can be critical.
Contact a Massachusetts sex crimes defense attorney immediately to evaluate whether the statute of limitations can be a defense in your case.
Bottom Line
In Massachusetts, the statute of limitations for rape is 15 years for adult cases and effectively unlimited for cases involving minors under 16 (subject to the 27-year corroboration rule). This deadline can be the difference between a case moving forward or being dismissed entirely.
An experienced sex crime defense lawyer will know how to analyze the timing of the charges, challenge the prosecution’s claims about exceptions, and protect your rights.
Speak With a Massachusetts Sex Crimes Defense Lawyer Today
If you are under investigation or have been charged with rape or another sex offense — whether the alleged incident happened last year or decades ago — your freedom, reputation, and future are at stake. The sooner you speak with a knowledgeable defense attorney, the better your chances of protecting yourself.
Call Benzaken, Maguire, Sheehan & Wood, LLP today for a confidential consultation. We have extensive experience defending clients in rape and sexual assault cases throughout Massachusetts and will fight to protect your rights.
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