Statute of Limitations in Sexual Battery Case

While there is no simple to the question "what is the statute of limitations in Sexual Battery cases?", the following information drawn directly from the Florida Statutes may help you understand this issue better. 

Sexual battery is always considered a felony offense in Florida Statutes, but the level of felony varies according to the specific circumstances of the offense. An offender in a sexual battery case may be convicted of capital felony (offender over 18/victim under 12); a first degree felony; or a second degree felony (offender does not use physical force and violence likely to cause serious personal injury).

In the case of a capital or life felony, there is no stature of limitations and a prosecution may commence at any time. For a first or second degree felony violation of s. 794.011 (the sexual battery statute), if the crime is reported to a law enforcement agency within 72 hours after commission of the crime, prosecution may be commenced at any time.

If the offense is a first degree sexual battery, is not reported to law enforcement within 72 hours, but the victim is under 18, there is no statute of limitation (new law). For a first degree sexual battery that occurs to an adult and is not reported to law enforcement within 72 hours, prosecution must be commenced within 4 years after the offense is committed. A prosecution for a second degree felony sexual battery an an adult who has not reported to law enforcement within 72 hours must be commenced within 3 years after it is committed. 

If the victim of a violation of s. 794.011 (a sexual battery), s. 800.04 (lewd & lascivious act on a child), or s. 826.04 (incest) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier.