Article
45 Mitchell Hamline L. Rev. 944 (2019)

Advocating at the Intersection of Law, Science, and Culture Change: Options for Changing Minnesota’s Statute of Limitations for Criminal Sexual Conduct Felonies

By
Caroline Palmer

‘Til it happens to you, you don’t know how it feels
How it feels
‘Til it happens to you, you won’t know
It won’t be real
No, it won’t be real
Won’t know how it feels

The #MeToo movement has reignited a conversation about eliminating the statute of limitations for criminal sexual conduct, specifically felony sexual assault. Some states have already done so, but Minnesota has not passed laws fully eliminating the statute of limitations with respect to criminal cases that have no DNA collected and preserved—despite advocacy efforts during the 2018 and 2019 legislative sessions as well as the national trend toward statutory reform.

The proposed legislation, promoted by sexual assault survivors and supported by a bipartisan group of lawmakers, would remove the limitations for criminal sexual conduct felonies (sexual penetration or sexual contact) ranging from first to fourth degree, as well as sex trafficking. During both legislative sessions, several bills related to issues raised by the #MeToo movement were heard and supported—with some eventually passing into law. The statute of limitations bill did not receive a hearing in either the Minnesota House or Senate during the 2018 session; however, during the 2019 session, in part due to awareness raised by a Pulitzer Prize-nominated 2018 series by the Star Tribune on failure to investigate sexual assault cases, the bill made significant progress and was heard in the joint House and Senate Public Safety/Judiciary Conference Committee before being cut during final budget negotiations.