An Act To Ensure Access to Justice for Victims of Sexual Assault
Maine Legislature, Session 129, LD 0067
Committee: Criminal Justice and Public Safety
Sponsors: HERBIG, MOONEN, CARPENTER, DESCHAMBAULT, ROSEN, CARNEY, GRAMLICH, RECKITT, TIPPING, WARREN
Amends: 17-A MRSA §8

Legislative Document
No. 67
S.P. 20
In Senate, January 15, 2019
An Act To Ensure Access to Justice for Victims of Sexual Assault
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HERBIG of Waldo.
Cosponsored by Representative MOONEN of Portland and
Senators: CARPENTER of Aroostook, DESCHAMBAULT of York, ROSEN of Hancock, 
Representatives: CARNEY of Cape Elizabeth, GRAMLICH of Old Orchard Beach, RECKITT 
of South Portland, TIPPING of Orono, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §8, sub-§1, as amended by PL 1999, c. 438, §1, is repealed 
and the following enacted in its place:
1.  It is a defense that prosecution was commenced after the expiration of the 
applicable period of limitations provided in this section, except that the following 
prosecutions may be commenced at any time:
A.  A prosecution for murder or criminal homicide in the first or 2nd degree; or
B.  If the victim had not attained the age of 16 years at the time of the crime, a 
prosecution for incest; unlawful sexual contact; sexual abuse of a minor; or rape or 
gross sexual assault, formerly denominated as gross sexual misconduct.
Sec. 2.  17-A MRSA §8, sub-§2, as amended by PL 2013, c. 392, §1, is repealed 
and the following enacted in its place:
2.  Except as provided in subsection 1 or 2-A, a prosecution for a Class A, Class B or 
Class C crime must be commenced within 6 years after it is committed and a prosecution 
for a Class D or Class E crime must be commenced within 3 years after it is committed.
Sec. 3.  17-A MRSA §8, sub-§2-A, as enacted by PL 2013, c. 392, §2, is 
amended to read:
2-A.  A prosecution for a Class A, Class B or Class C crime involving unlawful 
sexual contact or gross sexual assault must be commenced within 8 20 years after it is 
committed.
This subsection does not apply to a Class D crime enhanced to a Class C crime pursuant 
to section 1252, subsection 4-A.
Sec. 4.  Application.  This Act applies to the following Class A, Class B or Class C 
crimes committed on or after the effective date of this Act or for which the prosecution 
has not yet been barred by the statute of limitations in force immediately prior to the 
effective date of this Act: gross sexual assault under the Maine Revised Statutes, Title 
17-A, section 253; and unlawful sexual contact under Title 17-A, section 255-A.
SUMMARY
This bill amends the Maine Criminal Code to extend from 8 years to 20 years the 
statute of limitations applicable to prosecutions for a Class A, Class B or Class C crime 
involving unlawful sexual contact or gross sexual assault.  These changes apply only to 
those Class A, Class B and Class C crimes of unlawful sexual contact or gross sexual 
assault committed on or after the effective date of this legislation or for which the 
prosecution has not yet been barred by the statute of limitations in force immediately 
prior to the effective date of this legislation.
The bill also makes a number of technical corrections to the provisions of the Maine 
Criminal Code governing statutes of limitations to provide additional clarity within those 
provisions.