Statute of Limitations on Sexual Assault and Rape in the UK

If you have been accused of a sexual assault or rape which allegedly happened years, or even decades, ago, one of the first questions you will have is usually whether the case can still be brought at all. In England and Wales, the answer is yes. There is no statute of limitations for sexual assault and rape, and the passage of time is not by itself a defence.

In Brief: There is no statute of limitations for rape or sexual assault in England and Wales. Both are indictable offences, so a prosecution can begin at any time, however long ago the alleged offence took place. In contrast, summary-only sexual offences must generally be charged within six months, and historic "unlawful sexual intercourse" offences committed between 1956 and 2004 had to be prosecuted within 12 months.

What a statute of limitations actually is

A statute of limitations is a deadline for bringing a criminal charge. Once it expires, the offence can no longer be prosecuted, however strong the evidence.

England and Wales do not have a single statute of limitations. The only broad time limit applies to summary offences the least serious category, tried in the Magistrates' Court. Under Section 127 of the Magistrates' Courts Act 1980, proceedings for a summary offence must usually begin within six months of the alleged offence.

That six-month rule is what most people have in mind when they ask whether the UK has a statute of limitations. It does not reach indictable offences, which is where sexual assault and rape sit.

Is there a statute of limitations for sexual assault or rape?

No. Rape and sexual assault are not summary offences under the Sexual Offences Act 2003, so the six-month rule does not apply, and nothing replaces it. An allegation made 30 years after the event is investigated and charged in the same way as one made 30 days after.

On the offences themselves: rape is intentional penetration of the vagina, anus or mouth with a penis, without consent and without reasonable belief in consent. Sexual assault is intentional sexual touching on the same basis. Neither carries a charging deadline.

The two exceptions

Summary-only offences. A small number of sexual offences are triable only in the Magistrates' Court, and those fall under the six-month rule. Sexual assault and rape are not included in this.

Specific historic "unlawful sexual intercourse" offences involving sexual intercourse with teenagers aged between 13 and 15, committed between 1956 and 2004 under the Offences Act 1956, had to be prosecuted within 12 months. Where that window closed before the 2003 Act came into force, it cannot be reopened.

The second point is the one most often missed in non-recent cases. It will not touch a modern allegation, but where the conduct alleged falls squarely inside that period and that statutory description, it can remove a count that would otherwise proceed.

Criminal charges and civil claims run on separate clocks

Two different processes can follow one allegation, and they are routinely confused.

A criminal prosecution is brought by the Crown Prosecution Service, has no time limit for indictable sexual offences, and can end in conviction and sentence.

A civil claim for sexual assault or rape is brought by the complainant personally and seeks compensation. Civil claims of this nature are subject to a three-year limit under the Limitation Act 1980 running from the injury or the claimant's eighteenth birthday, with a discretion under section 33 to allow claims outside it.

That civil position was recently updated. Section 96 of the Crime and Policing Act 2026 removed the limitation period for civil claims arising from child sexual abuse in England and Wales. This update did not change the time limits for adult rape and sexual assault claims.

Should there be a statute of limitations?

The case for the current position rests on how these offences are reported. Complainants, particularly those who were children at the time, may not recognise what happened for many years, or may be afraid to tell anyone. A time limit would put those cases permanently out of reach.

The case, the other way, is practical. Non-recent prosecutions are slow, resource-intensive and genuinely hard to try fairly. Records are destroyed, witnesses die, and memories are reconstructed rather than recalled. Mistaken identity and false allegations are a real feature of this work, and the defence in an old case often has very little left to work with. It is also important to note that instances of mistaken identity and false allegations are common in historic sexual offence cases.

If you are accused of a historic sexual offence

Because there is no time limit, you can be interviewed about something alleged to have happened decades ago. The sequence is usually the same: a voluntary interview under caution or an arrest, a long period under investigation, then a charging decision.

Three things matter more in old cases than recent ones:

1. Get advice before the interview. What is said first shapes everything after, and you may be answering questions about a period you cannot clearly remember. Legal advice at the police station is free regardless of your means.
2. Fix the chronology. Much of the defence turns on dates: where you lived and worked, who else was present, and whether the conduct alleged falls within a period with its own statutory regime.
3. Preserve what survives. Employment records, payslips, medical notes and photographs are routinely destroyed after a few years. Requested early, they may still exist. Where evidence that would have helped the defence has been lost through delay, that can support an application to stay proceedings as an abuse of process.

Our criminal defence solicitors have over 45 years of experience in serious and complex cases, including historic sexual offences, and particular experience with the types of evidence the prosecution relies on in them.

Does this apply in Scotland and Northern Ireland?

This article states the law of England and Wales. Northern Ireland takes a broadly similar approach, with no limitation period for indictable offences. Scotland has a separate legal system with its own procedure and rules on time bar, and the position there should be checked with a Scottish criminal defence solicitor.

Common questions

Is there a statute of limitations on sexual assault in the UK?

No. In England and Wales there is no statute of limitations for sexual assault. It is an indictable offence, so a prosecution can be brought at any time, however long ago the alleged offence took place.

Does rape have a statute of limitations?

No. Rape can be prosecuted at any point. There is no deadline by which a complaint must be made or a charge brought.

What crimes have a statute of limitations in the UK?

Summary offences, tried in the Magistrates' Court, must generally be charged within six months under Section 127 of the Magistrates' Courts Act 1980. Either-way and indictable offences, including all serious sexual offences, have no time limit.

Can you be charged for something that happened 20 or 30 years ago?

Yes. Non-recent allegations can be prosecuted. The Crown Prosecution Service applies its usual test: whether there is a realistic prospect of conviction, and whether prosecution is in the public interest.

Does delay help my defence?

Not automatically. Delay is not a defence in itself. It matters where it has caused real prejudice, for example, where records or witnesses that would have supported your account no longer exist.

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

Contact us today:

• London Central - Head Office: 020 7624 7771
• West Hampstead Office: 020 7624 7771 
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form and we will get back to you as soon as possible.

By Lisa Nicol, Managing Partner and Head of Crime and Serious Cases. Law of England and Wales. General information, not advice on your case.