What Is the Statute of Limitations for Rape in Maryland?

In Maryland, there is no statute of limitations for rape as a felony criminal charge, meaning the state can prosecute first-, second-, or third-degree sexual offenses at any point after the assault. Civil lawsuits run on a different clock: adult survivors generally have three years to sue, and survivors of childhood sexual abuse have no deadline at all after the 2023 Child Victims Act. Which rule applies to your situation depends on the charge, who the defendant is, and how old you were when the abuse happened.

No Deadline for Felony Sexual Offense Prosecutions

Maryland’s criminal limitations statute, Courts and Judicial Proceedings Section 5-106, only sets deadlines for misdemeanors. No separate statute imposes one on felonies, so the state can bring felony sexual offense charges at any time.

That covers almost every serious sexual assault in Maryland:

Some sexual assaults involving force or vulnerable victims are charged as third-degree offenses rather than rape, and survivors sometimes assume the “lower” charge means a shorter clock. It does not. Any felony sexual offense in Maryland can be prosecuted indefinitely, which is why DNA matches from decades-old evidence can still lead to charges.

The Misdemeanor Exception: Fourth-Degree Sexual Offense

Fourth-degree sexual offense under Criminal Law Section 3-308 is the one sexual offense classified as a misdemeanor, and it does carry a prosecution deadline.4Maryland General Assembly. Maryland Criminal Law Code Section 3-308 The default misdemeanor rule gives prosecutors one year from the offense. The legislature extended that to three years for prosecutions under Section 3-308(c), and for charges under Section 3-308(b)(1) when the victim was a minor.5Maryland General Assembly. Maryland Courts and Judicial Proceedings 5-106

Fourth-degree offenses cover conduct like unwanted sexual contact without consent or certain age-gap situations, and conviction carries up to one year in jail and a $1,000 fine, or up to three years for repeat offenders. If the conduct falls into this category, prompt reporting matters in a way it does not for felony charges.

Three Years for Adult Civil Lawsuits

Criminal prosecution and civil litigation run on separate tracks. The state brings criminal charges to impose punishment; a civil lawsuit is filed by the survivor to recover money damages for the harm.

For adult survivors, the general civil deadline is three years from the date the cause of action accrues, under Courts and Judicial Proceedings Section 5-101.6Maryland General Assembly. Maryland Courts and Judicial Proceedings Code Section 5-101 “Accrues” does not always mean the date of the assault. Maryland courts apply a discovery rule: the clock starts when the survivor knew or reasonably should have known about the harm and its connection to the defendant’s conduct.

That matters most when a perpetrator or institution concealed what happened. If an employer covered up an assault by a supervisor or a school district buried complaints, the three-year clock does not start running until the concealment was discovered or should have been discovered through reasonable diligence. A civil case can seek compensation for therapy and medical costs, lost income, and emotional distress, and remains available even if criminal charges were never filed or did not end in conviction.

No Deadline for Childhood Sexual Abuse Claims

Before October 2023, Maryland survivors of childhood sexual abuse had to file a civil lawsuit before turning 38. The Child Victims Act eliminated that deadline. Under Courts and Judicial Proceedings Section 5-117, a civil action for damages from sexual abuse that occurred while the victim was a minor may now be filed at any time.7Maryland General Assembly. Maryland Courts and Judicial Proceedings 5-117

The law also revived previously time-barred claims. Survivors who missed the old age-38 cutoff, or who tried to file earlier and were turned away, can bring their claims regardless of how long ago the abuse occurred. The alleged victim must be alive when the lawsuit is filed.

Two financial rules apply to these cases. Noneconomic damages, meaning pain, suffering, and emotional harm, are capped at $700,000 against a single defendant for actions filed on or after June 1, 2025, on a previously time-barred claim. Claims filed during the initial window before that date had a higher $1.5 million cap. Attorney fees in child sexual abuse cases filed on or after June 1, 2025, are also limited by statute to 20 percent of a settlement or 25 percent of a judgment.

Tolling for Mental Incompetence

Under Courts and Judicial Proceedings Section 5-201, when a cause of action accrues in favor of someone who is mentally incompetent, the deadline is paused until the disability is removed. Once it ends, the survivor has the lesser of three years or the remaining limitations period to file.8Maryland General Assembly. Maryland Courts and Judicial Proceedings 5-201 Courts typically require evidence that the person lacked the legal capacity to manage their own affairs during the relevant period. This is a narrow category, and not every mental health condition qualifies.

Suing a Government Employer or Agency

When the responsible party is a government employee or institution, such as a public school teacher, a county jail, or a state hospital, there is an additional procedural hurdle. Under the Local Government Tort Claims Act, a survivor must file a written notice of claim within one year of the injury before suing a local government or its employees for unliquidated damages.9New York Codes, Rules and Regulations. Maryland Courts and Judicial Proceedings 5-304 The notice must state the time, place, and cause of the injury, and it must be sent by certified mail or delivered in person to the correct official. Which official depends on the jurisdiction. In Baltimore City, it goes to the City Solicitor; in Montgomery and Howard counties, to the County Executive; in several other counties, to the county attorney.

Missing the one-year notice deadline can destroy an otherwise valid claim. This is where cases most often fall apart, because survivors focused on criminal proceedings or their own recovery do not learn about the requirement until it is too late. The notice deadline runs independently of the three-year statute of limitations. You need to satisfy both.

One exception: the Child Victims Act expressly overrides the LGTCA for childhood sexual abuse claims, which may be filed “notwithstanding” that notice rule. Adult survivors suing government entities do not get that exemption.

What Happens If a Deadline Passes

Once a misdemeanor statute of limitations expires, prosecutors lose the authority to file charges. Law enforcement can still investigate, but no criminal case can proceed. Felony rape and other felony sexual offenses are not affected, because those charges remain available indefinitely.

In civil cases, a missed deadline is almost always fatal. The defendant will raise the expired limitations period, and courts will dismiss the case regardless of how strong the evidence is. Judges have very little discretion to override an expired statute of limitations, which is why the discovery rule, tolling for incompetence, and the Child Victims Act’s elimination of deadlines for childhood abuse should be evaluated before assuming a case is too late.

Getting Help Evaluating Your Case

Maryland’s deadlines and exceptions interact in ways that are hard to sort out without professional advice. An attorney experienced in sexual assault cases can evaluate which deadlines apply, whether any tolling doctrines extend the window, and whether a government entity is involved. Many lawyers in this area work on contingency, with no fees unless the case produces a recovery. For childhood sexual abuse cases filed in 2026 or later, the 20 to 25 percent statutory fee cap applies regardless of the attorney’s standard rate.

The Maryland Crime Victims’ Resource Center offers free advocacy, legal referrals, counseling, and help with crime victim compensation applications. Survivors can reach the center at 877-842-8461 or through its offices in Upper Marlboro and Baltimore.