PUERTO RICO

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

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CURRENT CIVIL SOL

The SOL for CSA, trafficking, and CSAM claims against all defendants is age 22, with a 1-year discovery rule.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: Age 22

Trafficking: Age 22

CSAM: Age 22

REVIVAL LAW

None

DISCOVERY TOLLING

1 year

CURRENT PUERTO RICO CIVIL LAW

PR ST T. 31 § 5298, Actions which prescribe in one year (1-year SOL)

The following prescribe in one (1) year:

(1) Actions to recover or retain possession.

(2) Actions to demand civil liability for grave insults or calumny, and for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof.

PR ST T. 32 § 254 Persons under disability (majority tolling)

If a person entitled to bring an action, other than the recovery of real property, be at the time the cause of action accrued, either:

(1) Within the age of majority; or

(2) insane; or

(3) imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life; or

(4) a married woman, and her husband be a necessary party with her in commencing such action,

the time of such disability is not a part of the time limited for the commencement of the action.

Case law

CURRENT CRIMINAL SOL

CSA: There is no criminal SOL for many CSA crimes. The SOL is age 23 for any remaining felonies and age 19 for misdemeanors.

Trafficking: There is no SOL for trafficking.

CSAM: There is no SOL for CSAM offenses.

CRIMINAL SOL SNAPSHOT

CSA	NO SOL
TRAFFICKING	NO SOL
CSAM	NO SOL

CURRENT PUERTO RICO CRIMINAL LAW

33 L.P.R.A. § 5132 Prescription (SOL)

The criminal action will prescribe:

(a) At five (5) years, in serious crimes, and in serious crimes classified in the special law.

(b) At one year, in less serious crimes, except those originating from infractions of tax laws and all less serious crimes, committed by public officials or employees in the performance of their functions, which will prescribe after five (5) years.

(c) The crimes of concealment and conspiracy shall prescribe after ten (10) years, when they are committed in relation to the crime of murder.

(d) At ten (10) years, in the crimes of homicide.

(e) At twenty (20) years, in the crimes of sexual assault, incest and lewd acts.
The provisions of subsections (a) and (b) of this section do not apply to special laws, whose crimes have a prescriptive period greater than that proposed here.

(Translated from Spanish to English)

33 L.P.R.A. § 5133 Crimes that do not prescribe (no SOL)

In the following crimes, criminal action does not prescribe: genocide, crime against humanity, murder, kidnapping, embezzlement of public funds, falsification of public documents, and any serious crime typified in this Code or in special law committed by a public official or employee in the performance of public function.

The following crimes will not prescribe when the victim is under eighteen (18) years of age, and the accused has been over eighteen (18) years of age at the time of the commission of the crime: incest, sexual assault, lewd acts, human trafficking, aggravated kidnapping, the use of a minor for child pornography, and aggravated pimping, ruffianism and trade in persons.

(Translated from Spanish to English)

33 L.P.R.A. § 5134 computing the statute of limitations (majority tolling)

The limitation period will be computed from the day of the commission of the crime until the date on which probable cause is determined for the arrest or summons. In those cases in which it is necessary to appeal, the holding of a hearing to determine probable cause for the arrest or summons, will interrupt the prescriptive term.

However, in crimes in which the victim has not reached eighteen (18) years of age, and are one of those with a statute of limitations, the statute of limitations will be computed from the moment the victim reaches the age of eighteen (18).