And Just Like That: The Hurdle Statutes of Limitations Pose to Combatting Sex Crimes

Following the release of And Just Like That, the HBO Max revival of the beloved Sex and the City series, one of the show’s stars, Christopher Noth, was accused of sexual assault, raising questions about the role statutes of limitations play in sexual assault cases.¹[1]Tim Fitzsimons, Another woman accuses Chris Noth of sexual assault, calls for New York to change statute of limitations, NBC NEWS (Dec. 24, 2021, 8:51 AM), https://www.nbcnews.com/news/us-news/another-woman-accuses-chris-noth-sexual-assault-calls-new-york-change-rcna9836. As in most felonious crimes, the statute of limitations begins at the onset of the crime and ends when the statutory period elapses, after which the perpetrator cannot be charged with the crime.²[2]Understanding Statutes of Limitations for Sex Crimes, RAINN (last visited Jan. 18, 2022), https://www.rainn.org/articles/statutes-limitations-sex-crimes /. Statutes of limitations essentially function as a “clock” to regulate the justice system, encouraging timely claims and deterring convictions based upon unreliable testimonies.³[3]Id. In circumstances in which many years have elapsed between the occurrence of an alleged wrongful act and a claim being filed, the veracity of a case may be jeopardized by faded memories or mistaken recollections.⁴[4]Id.

As conversations surrounding sexual assault and misconduct within the entertainment industry continue, an improved understanding of the physical, emotional, and psychological effects of sexual violence has emerged, shedding light on why victims may not immediately report a crime.⁵[5]Id. Despite the hesitancy victims may experience when raising allegations of sexual assault, stringent statutes of limitations still exist in most states. New York enforces its own statute of limitations concerning sexual assault claims, which impacts the entertainment community, as most public cases involving prominent Hollywood perpetrators take place in the State.⁶[6]State by State Guide on Statutes of Limitations, RAINN (last visited Jan. 18, 2022), https://www.rainn.org/state-state-guide-statutes-limitations /.

The vast majority of sexual assault incidents are not reported. The Rape, Abuse & Incest National Network⁷[7]RAINN, https://www.rainn.org/ (last visited Mar. 28, 2022). estimates that 995 out of every 1,000 perpetrators will not be charged for their crimes.⁸[8]New York State vs. Harvey Weinstein: Challenges to Conviction in Weinstein’s Case, TIME’S UP (Jan. 3, 2020), https://timesupfoundation.org/legal-challenges-in-harvey-weinsteins-case/. Despite promoting efficiency, statutes of limitations may constrict the possibility of obtaining justice and ignore the trauma that many victims experience.

In 2017, sexual assault allegations against Harvey Weinstein, the now-disgraced Hollywood mogul and producer, initiated a movement against powerful industry professionals who abuse their positions by sexually abusing others.⁹[9]Jill Filipovic, One Thing is Clear: We Must End the Statute of Limitations on Sex Crimes, MARIE CLAIRE (Oct. 18, 2017), https://www.marieclaire.com/politics/a13034024/statute-of-limitations/. Over eighty women spoke out against Weinstein, accusing him of a variety of criminal sex offenses, yet only a few were able to bring their claims to court.¹⁰[10]New York State vs. Harvey Weinstein, supra note 8. At the time of Weinstein’s trial, New York had a five-year statute of limitations on rape in the third degree, or sex without consent. Consequently, the statute of limitations may have prevented victims from bringing suits against him.¹¹[11]Id. In light of the various Weinstein trials, Time’s Up¹²[12]TIME’S UP, https://timesupfoundation.org/ (last visited Mar. 28, 2022)., a non-profit dedicated to supporting victims of sexual harassment, and other advocates worked with New York lawmakers to address the potentially silencing effect of the State’s statute of limitations and to lengthen the statute of limitations for rape in the third degree in criminal court.¹³[13]New York State vs. Harvey Weinstein, supra note 8. While successful, this change in legislation was not made retroactive and, therefore, only applies to instances occurring after the legislation was enacted.¹⁴[14]Id.

Singer Lisa Gentile was the fourth woman to speak out and accuse Christopher Noth of sexual assault.¹⁵[15]Ally Mauch, Singer Lisa Gentile Accuses Chris Noth of Sexually Assaulting Her and Threating to ‘Ruin’ Her Career, PEOPLE (Dec. 23, 2021, 3:23 PM), https://people.com/tv/chris-noth-accused-of-sexual-assault-by-lisa-gentile/. Although the other three women may have actionable claims against Noth, as their accusations fall within the designated statute of limitations window, Gentile is estopped from pursuing her claim because the statute of limitations already lapsed.¹⁶[16]Id. While Gentile claims that Noth warned her to remain silent and threatened her career if she came forward, such assertions may raise evidentiary concerns, including Gentile’s ability to overcome the demanding “beyond a reasonable doubt” standard engrained in criminal cases and Noth’s ability to defend against such claims.¹⁷[17]Id. Gloria Allred, Gentile’s attorney, is encouraging support for the Adult Survivor Act.¹⁸[18]Id. The Adult Survivor Act, sponsored by the New York State Judiciary Committee, proposes a one-year window, commencing six months from the effective date of the Act, for adults to revive sexual offense claims otherwise barred by the New York statute of limitations.¹⁹[19]S.B. 66, 2021 Leg., 244th Sess. (N.Y. 2021); Senate Bill S66A, The New York State Senate, https://www.nysenate.gov/legislation/bills/2021/s66/amendment/a (last visited Mar. 28, 2022). If enacted, the Adult Survivor Act would grant victims an additional opportunity to bring their claim in civil court.

While this change would take place in the civil law system, victims experience the most difficulty with statutes of limitations in the criminal context. Current New York law allows claims of rape in the first degree to be commenced at any time, but imposes stricter statutory time limitations on claims of rape in the second and third degrees.²⁰[20]N.Y. CRIM. PROC. LAW § 30.10(2)(a) (McKinney 2022). Rape claims in the second degree must be commenced within twenty years of the offense or within ten years of when the offense is first reported to law enforcement.²¹[21]Id. § 30.10(2)(a-1). Rape claims in the third degree must be commenced within ten years of the commission of the offense.²²[22]Id. § 30.10(2)(a-2).

Individuals hoping to bring a sexual assault claim, like Gentile, may be barred from seeking recourse in civil and criminal courts if a strict statute of limitations applies and they fail to commence an action within the statutory period. Regardless of reasoning, unawareness with the New York statute of limitation or hesitancy to speak out and face public attention, the current law prevents victims from rewinding the clock to have their day in court.

Written by: Anna Gordon
Anna is a 2024 J.D. Candidate at Brooklyn Law School