Alaska

 
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A statute of limitation (“SOL”) is a legal deadline for pressing criminal charges or filing civil claims.  Once an SOL has expired, a claim or charge cannot be brought. The length of time during which different actions can be brought varies from state to state.  There is no SOL for certain crimes, so actions can be brought at any time. An SOL for a civil lawsuit about a contract may be different from a lawsuit about a personal injury and both may be of varying durations between different states. SOLs can begin running at different times.

Many SOLs begin to run at the time of an offense. An SOL can be “tolled”, or suspended, and won’t begin running until a triggering event. In cases of childhood sexual abuse, an SOL will often be tolled until a minor turns 18 (i.e. majority tolling). Certain discoveries, such as a realization that a person’s suffering is the result of childhood sexual abuse, can toll an SOL (i.e. discovery tolling). Also, DNA evidence newly connecting a perpetrator to a crime can sometimes be used to prosecute a criminal defendant even after the SOL has already expired.

Some states have passed laws to increase access to justice for victims of childhood sexual abuse by temporarily reviving time-barred civil claims, allowing victims to recover against perpetrators and responsible institutions.  

Child Sex Abuse Statutes of Limitation and Related Laws

Current Civil SOL

In Alaska, there is no civil SOL for felony child sex abuse claims. For misdemeanor's the SOL is within 3 years following the abuse.

None for SOL vs. perp. (felony sexual abuse of a minor, felony sexual assault, or unlawful exploitation of a minor).
None for SOL vs. employer (felony sexual abuse of a minor, felony sexual assault, or unlawful exploitation of a minor).
Majority Tolling: Age 18
Discovery Tolling: Liberal


Alaska State Law Provides:

Commencement of actions for acts constituting sexual offenses

(a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses:

(1) felony sexual abuse of a minor;
(2) felony sexual assault;
(3) unlawful exploitation of a minor;
(4) felony sex trafficking; or
(5) felony human trafficking.

(b) Unless the action is commenced within three years of the accrual of the claim for relief, a person may not bring an action for conduct that would have, at the time the conduct occurred, violated the provisions of any of the following offenses:

(1) misdemeanor sexual abuse of a minor;
(2) misdemeanor sexual assault;
(3) incest; or
(4) felony indecent exposure.

Alaska Stat. Ann. § 09.10.065

Tolling:

Majority: No
Discovery: No

Current Criminal SOL

In Alaska, there is no criminal SOL for sexual abuse of a minor, felony sexual assault, unlawful exploitation of a minor, felony sex trafficking and felony human trafficking. For all misdemeanors involving child sex abuse, the criminal SOL is within 3 years after the abuse.


As of September 14, 1992: None for felonies (sexual abuse of a minor, felony sexual assault, unlawful exploitation of a minor, felony sex trafficking and felony human trafficking).
SOL vs. perp. (all non-felony crimes involving child sex abuse): +5 years from majority = Age 23


Alaska State Law Provides:

Commencement of actions for acts constituting sexual offenses

(a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses:

(1) felony sexual abuse of a minor;
(2) felony sexual assault;
(3) unlawful exploitation of a minor;
(4) felony sex trafficking; or
(5) felony human trafficking.

(b) Unless the action is commenced within three years of the accrual of the claim for relief, a person may not bring an action for conduct that would have, at the time the conduct occurred, violated the provisions of any of the following offenses:

(1) misdemeanor sexual abuse of a minor;
(2) misdemeanor sexual assault;
(3) incest; or
(4) felony indecent exposure.

Alaska Stat. Ann. § 09.10.065

Age of Majority: 18. Alaska Stat. Ann. § 25.20.010.
Age of Consent: 16. Alaska Stat. Ann. § 11.41.434.

Age of Marriage with Parental Consent: 14 with judicial consent. See, Alaska Stat. Ann. § 25-05-171.
Age of Marriage without Parental Consent: 18. See, Alaska Stat. Ann. § 25-05-171.


DNA Provision

N/A


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

A religious healing practitioner is not required to report child neglect if the child is solely being provided treatment by spiritual means in accordance with the practices of a recognized church by an accredited practitioner.

Alaska Civil Statute:
This section does not require a religious healing practitioner to report as neglect of a child the failure to provide medical attention to the child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practi-tioner of the church or denomination.
Alaska Statutes, §47.17.020(d)

CRIMINAL MEDICAL NEGLECT STATUTE

A parent cannot be held liable solely for providing treatment to a child by spiritual means in accordance with the practices of a recognized church by an accredited practitioner.

Alaska Criminal Statute:
There is no failure to provide medical attention to a child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.
Alaska Statutes §11.51.120


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2017.


The information provided is solely for informational purposes and is not legal advice.  To determine the SOL in a particular case, contact a lawyer in the state.