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S 2297Criminal Procedure

Criminal Procedure - Indictments, Informations and Complaints

This bill extends the statute of limitations for prosecuting second-degree sexual assault from three years to ten years.

Held for study
Population
Affected
15
Introduced Jan 23, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the Rhode Island laws governing the statute of limitations for criminal offenses. Specifically, it extends the time period during which the state can bring charges for second-degree sexual assault. Under the current law, this offense falls under a general three-year limitation. This bill explicitly adds second-degree sexual assault to the list of crimes that have a ten-year statute of limitations. This means prosecutors will have up to ten years from the commission of the offense to file charges against an accused individual.

For younger readers

There are rules about how long the police and lawyers have to get a person in trouble after they break the law. This time limit is called a "statute of limitations." If too much time passes, the police cannot charge the person with a crime anymore. This bill changes the rule for a specific kind of bad touching crime. It gives the police ten years to start the case instead of just three years. This gives victims more time to come forward and tell someone what happened.

Who & Where It Applies

Impacted groups
Victims of sexual assaultPerpetrators of sexual assaultCriminal defense attorneysProsecutorsLaw enforcement agencies
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Acknowledges the reality of trauma processing by giving survivors of sexual assault significantly more time to come forward and seek justice through the legal system.
  • Increases the likelihood of holding perpetrators accountable for serious violations of bodily autonomy, potentially preventing future harm to the community.
  • Strengthens protections for vulnerable populations who are statistically more likely to be victims of sexual violence and often face barriers to immediate reporting.
  • Extending the window for prosecution increases the risk of unreliable evidence and faded memories, which can threaten the right to a fair trial and due process.
  • Expands the reach of the carceral system rather than focusing resources on restorative justice, rehabilitation, or root-cause prevention of sexual violence.
  • May disproportionately impact marginalized communities who often lack the resources to defend themselves against accusations regarding events that occurred a decade prior.
For Conservatives
  • Strengthens law and order by ensuring that individuals who commit serious crimes cannot escape punishment simply by waiting for a short deadline to expire.
  • Empowers prosecutors and law enforcement with the necessary time to build solid cases against offenders, ensuring that justice is served for serious violations.
  • Reinforces moral accountability by sending a message that sexual offenses are grave matters that the state will pursue vigorously over a long period.
  • Expands the power of the state to pursue citizens for actions taken many years ago, potentially infringing on the principle that individuals should not live under indefinite threats of government prosecution.
  • Could lead to increased court costs and taxpayer burdens by encouraging the litigation of "stale" cases where evidence is difficult to verify.
  • Increases the risk of individuals being unable to defend themselves effectively against false accusations made years later, as alibi witnesses or exculpatory evidence may no longer exist.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 3 additions · 1 deletion

SECTION 1. Section 12-12-17 of the General Laws in Chapter 12-12 entitled "Indictments, Informations and Complaints" is hereby amended to read as follows: 12-12-17. Statute of limitations.

(a) There shall be no statute of limitations for the following offenses: treason against the state; any homicide, arson, first-degree arson, second-degree arson, third-degree arson, burglary, counterfeiting, forgery, robbery, rape, first-degree sexual assault, first-degree child molestation sexual assault, second-degree child molestation sexual assault, bigamy; manufacturing, selling, distribution, or possession with intent to manufacture, sell, or distribute, a controlled substance under the Uniform Controlled Substance Act, chapter 28 of title 21; or any other offense for which the maximum penalty provided is life imprisonment.

(b) The statute of limitations for the following offenses shall be ten (10) years: larceny under § 11-41-2 (receiving stolen goods), § 11-41-3 (embezzlement and fraudulent conversion), § 11-41-4 (obtaining property by false pretenses or personation), § 11-41-11 (embezzlement by bank officer or employee), § 11-41-12 (fraudulent conversion by agent or factor), and § 11-41-13 (obtaining signature by false pretenses), or any larceny that is punishable as a felony; any violation of chapter 7 of title 11 (bribery); any violation of § 11-18-1 (giving false document to agent, employee, or public official); perjury; any violation of chapter 42 of title 11 (threats and extortion); any violation of chapter 15 of title 7 (racketeer influenced and corrupt organizations); any violation of chapter 57 of title 11 (racketeer violence); any violation of chapter 36 of title 6 (antitrust law); any violation of § 11-68-2 (exploitation of an elder); any violation of § 11-41-11.1 (unlawful appropriation); any violation of § 11-18-6 (false financial statement to obtain loan or credit); any violation of § 19-9-28 (false statement to obtain a loan); any violation of § 19-9-29 (bank fraud); or any violation of § 11-18-34 (residential mortgage fraud); or any violation of § 11-37-4 (second degree sexual assault).

(c) The statute of limitations for any other criminal offense shall be three (3) years, unless a longer statute of limitations is otherwise provided for in the general laws.

(d) Any person who participates in any offense, either as a principal accessory or conspirator, shall be subject to the same statute of limitations as if the person had committed the substantive offense.

(e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse disposal), chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23 (hazardous waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46 (public drinking water supply) shall be seven (7) years from the time that the facts constituting the offense or violation shall have become known to law enforcement authorities, unless a longer statute of limitations is otherwise provided for in the general laws.

SECTION 2. This act shall take effect upon passage.