Home > Vermont > Rape/Molestation Statutes of Limitation

VERMONT : Rape/Molestation Statutes of Limitation

No person shall engage in a sexual act with another person and compel the other person to participate in a sexual act:

1. without the consent of the other person; or

2. by threatening or coercing the other person; or

3. by placing the other person in fear that any person will suffer imminent bodily injury.

No person shall engage in a sexual act with another person and impair substantially the ability of the other person to appraise or control conduct by administering or employing drugs or intoxicants without the knowledge or against the will of the other person.

No person shall engage in a sexual act with a child who is under the age of 16, except:

1. where the persons are married to each other and the sexual act is consensual; or

2. where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual.

No person shall engage in a sexual act with a child who is under the age of 18 and is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild.

No person shall engage in a sexual act with a child under the age of 16 if:

a. the victim is entrusted to the actor's care by authority of law or is the actor's child, grandchild, foster child, adopted child, or stepchild; or

b. the actor is at least 18 years of age, resides in the victim's household, and serves in a parental role with respect to the victim.

Any person who violates the above statutes commits sexual assault.

A person commits the crime of aggravated sexual assault if the person commits sexual assault under any one of the following circumstances:

1. At the time of the sexual assault, the actor causes serious bodily injury to the victim or to another.

2. The actor is joined or assisted by one or more persons in physically restraining, assaulting or sexually assaulting the victim.

3. The actor commits the sexual act under circumstances which constitute the crime of kidnapping.

4. The actor has previously been convicted of sexual assault in Vermont or aggravated sexual assault or has been convicted in any jurisdiction in the United States or territories of an offense which would constitute sexual assault or aggravated sexual assault if committed in Vermont.

5. At the time of the sexual assault, the actor is armed with a deadly weapon and uses or threatens to use the deadly weapon on the victim or on another.

6. At the time of the sexual assault, the actor threatens to cause imminent serious bodily injury to the victim or to another and the victim reasonably believes that the actor has the present ability to carry out the threat.

7. At the time of the sexual assault, the actor applies deadly force to the victim.

8. The victim is under the age of 13 and the actor is at least 18 years of age.

9. The victim is subjected by the actor to repeated non consensual sexual acts as part of the same occurrence or the victim is subjected to repeated non consensual sexual acts as part of the actor's common scheme and plan.

No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child, else he commits lewd and lascivious conduct with a child.

The statute of limitations for certain offenses against a victim who is 16 years of age or under extends until the victim's 24th birthday or until 6 years after the offense is reported to a law enforcement officer, whichever is earlier. The offenses included are:

1. Sexual assault

2. Lewd and lascivious conduct

3. Lewd and lascivious conduct with a child

Bob sexually assaults 15-year-old Jane. In order for Bob to be tried and convicted for his crime, Jane must report the crime and have charges sought against Bob by her 24th birthday (or, given her present age, within 9 years).

There is no statute of limitations for aggravated sexual assault.

Bob commits aggravated sexual assault against Jane. Because of the nature of his crime, Bob can be tried and convicted at any point.

Any sexual offenses carried out against an adult victim can be prosecuted within 6 years from the date of the incident.

Bob rapes 20-year-old Jane. In order for Bob to be tried and convicted for his actions, Jane must report the crime and press charges within 6 years after the date it occurred.

.