Last updated November 2025
If you or someone you care about is under investigation for sexual assault in Florida — even from years ago — one question becomes critical: How long does the State have to file charges?
Florida’s statute of limitations laws in sexual assault cases are complex. In some cases, there’s no time limit at all. In others, charges must be filed within just a few years. And if DNA evidence is involved, the rules change again.
Here’s what you need to know about the sexual assault statute of limitations in Florida — and how we fight back.
📜 Florida’s Sexual Assault Statute of Limitations: A Breakdown
Under Florida Statute § 775.15, the time limit for prosecuting sexual assault depends on the age of the victim, whether the case was reported, and the type of evidence available.
🔹 General Timeframes
4 years: Adult victims (18+), standard sexual battery
8 years: Victim was 16 or 17 years old at the time of the offense
No time limit if:
The victim was under 16
DNA evidence identifies the suspect
The case involves serious force or threat and was reported within 72 hours
⚠️ Why the Statute of Limitations Can Be Misleading
Florida’s sexual assault laws have evolved — and in 2020, “Donna’s Law” eliminated the statute of limitations for certain childhood sexual abuse cases.
But these legal updates don’t always apply retroactively. That means some older allegations may be dismissed, while others are still fair game — even decades later.
If you’ve received a call from law enforcement, a subpoena, or suspect you’re being investigated, don’t wait. Early intervention is key.
🛡️ How We Defend Allegations with Delayed Reporting
At Michael White, P.A., we approach historical sexual assault cases with precision and strategy. These are complex, high-stakes cases — and often legally flawed.
🔹 Motion to Dismiss
We assess whether the statute of limitations has expired based on when the report was filed, the victim’s age, and any changes in the law.
🔹 Attack Delayed Disclosure
Long-delayed reports weaken the State’s evidence. Memories fade. Witnesses vanish. We spotlight these gaps to undermine credibility.
🔹 Discredit DNA or Forensic Evidence
DNA doesn’t always tell the whole story. We challenge the handling, relevance, and context of any forensic evidence.
🔹 Strategic Media and Reputation Management
These cases carry extreme stigma. We coordinate behind-the-scenes damage control for professionals, business owners, and public figures.
✅ Why Clients Hire Michael White
✅ Former prosecutor with experience handling high-profile sex crimes
✅ Strategic use of pretrial motions to suppress, exclude, or dismiss
✅ Trusted by professionals, military service members, and public figures
✅ Discreet, aggressive, and proactive defense from day one
📞 Accused of Sexual Assault in Florida — Even Years Later? We Can Help.
Don’t assume you’re out of time — or that the State is.
❓ Frequently Asked Questions
🧑⚖️ How long does the State have to file sexual assault charges in Florida?
In general, 4 years — but the timeline may extend to 8 years or even become unlimited depending on the victim’s age, DNA, or circumstances of the case.
📄 Can I be charged even if the accusation is from years ago?
Yes. Certain sex crimes in Florida are exempt from any statute of limitations. Others may still be prosecutable based on legal changes or exceptions.
📉 What if there’s no physical evidence?
The State may still prosecute — but the case becomes weaker. We focus on undermining credibility, motive, and inconsistencies.
⚖️ Can a statute of limitations defense lead to dismissal?
The State may still prosecute — but the case becomes weaker. We focus on undermining credibility, motive, and inconsistencies.
🚨 Do I need a lawyer if I haven’t been arrested yet?
Yes. Early legal intervention may prevent charges from being filed — or at least preserve key defenses before damage is done.