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What is the Statute of Limitations in Rhode Island?
The Rhode Island statute of limitations is a legal deadline determining how long law enforcement may file charges against a suspect or for someone to file a civil lawsuit. These deadlines may vary on a case-by-case basis, usually depending on the nature and severity of the situation. Apart from ensuring that cases progress with reliable evidence, these deadlines aim to promote fairness by balancing the rights of victims with the need for quick resolutions in cases. Failing to meet the statute of limitations deadline typically means the case may no longer be treated in court and will likely be dismissed if filed.
How Long Is the Statute of Limitations in Rhode Island?
The statute of limitations for criminal prosecution in Rhode Island is detailed in Rhode Island General Laws § 12-12-17. This details the time limits for filing charges in misdemeanor and felony cases. For civil cases, the time limit for filing a lawsuit in Rhode Island is set down in Rhode Island General Laws Title 9, Chapter 1. The chapter outlines the deadlines for civil lawsuits in various cases, including medical malpractice, defamation, and breach of contract.
Generally, the statute of limitations in Rhode Island varies according to the type and severity of the offense. Deadlines may range from 3 years for personal injury claims to 1 year for slander in civil claims, 3 years for misdemeanors, and 10 years for non-violent felonies for criminal prosecutions.
The table below shows some general statute limitations for criminal prosecutions and civil claims in Rhode Island.
| General Case Type | Statute of Limitations | Note/Laws |
|---|---|---|
| Misdemeanors | 3 years | The state of limitations remains for three years unless specifically stated otherwise R.I. Gen. Laws § 12-12-17 (c) |
| General Felonies | 10 years | Most non-violent felonies, unless specifically mentioned R.I. Gen. Laws § 12-12-17 (b) |
| Major felonies | No Statute of limitations | Violent felonies, including murder and sexually-based offenses, have no deadline and may be prosecuted at any time. R.I. Gen. Laws § 12-12-17(a) |
| Civil Offenses | 1 to 10 years | Deadlines vary depending on the type and circumstances of the claim. R.I Gen. Laws 9-1 |
What Crimes Have No Statute of Limitations in Rhode Island
Some crimes in Rhode Island are considered particularly serious; hence, they have no statute of limitations. These are mainly violent felonies and sex-based offenses. These offenses may be prosecuted at any time in Rhode Island, regardless of how long has passed. Examples of crimes that may be prosecuted at any time in Rhode Island include the following:
- Homicide
- Arson
- Robbery
- Rape
- Sexual assault
- Child molestation
Criminal Statute of Limitations in Rhode Island
The Rhode Island criminal statute of limitations determines the time limits for prosecuting crimes or filing charges against suspects. These deadlines vary according to the type and circumstances of the case. If the time limit is missed, charges may no longer be filed or dismissed if brought before a court.
Misdemeanors: The misdemeanor statute of limitations in Rhode Island is 3 years. This is the time limit for prosecuting misdemeanor crimes such as simple assault, disorderly conduct, and petty theft unless a different deadline is given in the general laws.
Felonies: The time limit for prosecuting general felonies in Rhode Island is 10 years. This includes most non-violent felonies, such as fraud, embezzlement, and bribery. For serious felonies such as sexual and violent crimes, there is no felony statute of limitations in Rhode Island. These include offenses such as rape and murder.
| Type of Offense | Statute of Limitations R.I. Gen. Laws § 12-12-17 |
|---|---|
| Petty theft. Theft of items worth under $1500 | Misdemeanor. 3 years |
| Disorderly Conduct. Behavior and actions that disrupt public order/peace | Misdemeanor. 3 years |
| Obtaining property by pretense or impersonation | General felony. 10 years |
| Robbery. Taking of an individual’s property by intimidation, violence, or otherwise by force. | General Felony 10 years |
| Murder. Unlawful ending of the life of another person(s) with malicious intention. | Major felony. No statute of limitations |
Is There a Statute of Limitations on Attempted Murder?
There is no statute of limitations for attempted murder in Rhode Island. Attempted murder, along with murder, is considered a major felony and has no statute of limitations. This means that law enforcement may file charges against a suspect, no matter how long has passed since the crime occurred.
Statute of Limitations on Sexual Assault in Rhode Island
The sexual assault statute of limitations in Rhode Island generally depends on whether the offense is considered a felony. For sexual crimes such as first-degree sexual assault, child molestation, and rape, there is no statute of limitations. This means prosecutors may bring charges against the offender regardless of how long has passed. The same goes for any other sexual offense punishable by life imprisonment. For some lesser or adult-level offense, the statute of limitations is 3 years. However, the state’s position on serious sexual crimes is that it's never too late to report, and there is no rape reporting deadline in Rhode Island.
For civil cases, under R.I. Gen. Laws § 9-1-51 (a)(1), survivors of childhood sexual assault have 35 years to file sexual abuse claims in Rhode Island. However, if the child was under 18 years when the offense occurred, the time does not start to count until they turn 18 years old(tolling). Rhode Island also allows a seven-year discovery rule. When a survivor discovers the abuse(or effects of abuse) later in life, they may file the claim within 7 years of the discovery, even if the general 35-year deadline has passed. These reforms became official in 2019, and the state allowed a revival window, which permitted cases whose deadlines had expired to be reopened until the plaintiff turned 53 years old.
Civil Statute of Limitations in Rhode Island
Rhode Island law sets stricter deadlines for filing civil claims, referred to as the civil statute of limitations. These laws will determine how long you have to sue in Rhode Island or file civil claims against another person in court. If a plaintiff misses the deadline, they may no longer sue, or their case will usually be dismissed by the court in spite of whatever evidence is available. Anyone with a valid claim who waits too long risks losing their chance to obtain some compensation. Listed below are some statutes of limitations for civil suits in Rhode Island.
| Type of Claim | Statute of limitations |
|---|---|
| Medical malpractice. | 3 years. R.I. Gen. Laws § 9-1-14.1 |
| Breach of contracts(oral and written) | 10 years. R.I. Gen. Laws § 9-1-13 (a) |
| Property damage (real and personal) | 10 years. R.I. Gen. Laws § 9-1-13 (a) |
| Personal injuries | 3 years. R.I. Gen. Laws § 9-1-14 (b) |
| Defamations(libel and slander) | 1 year. R.I. Gen. Laws § 9-1-14 (a) |
Statute of Limitations for Medical Malpractice in Rhode Island
According to R.I. Gen. Laws § 9-1-14.1, the standard medical malpractice claim deadline in Rhode Island is 3 years from the time of the event that led to the claim. Malpractice claims in Rhode Island also follow the discovery rule. This allows the deadline time to start from when the patient/plaintiff discovered the medical issue and not when it occurred. The medical malpractice statute of limitations determines how long you may sue a doctor in Rhode Island.
This means that if a patient was misdiagnosed, they may file the claim within 3 years of discovering the misdiagnosis instead of 3 years from when the misdiagnosis was made. Statutes of limitations are significant during medical malpractice claims because missing the deadline usually means the patient loses the opportunity to sue and their claim gets dismissed in court.
If the patient was underage when the incident occurred, they are allowed to file for 3 years after they turn 18 (up to 21 years). Also, if the patient was under disability because of mental incompetence, they are allowed to file within 3 years of their competency being restored or the disability being removed.
Plaintiffs of medical malpractice claims are required to serve the health care provider who is subject to the claim with written notice that adequately explains the claim, at least 40 days in advance. They may also be required to provide expert medical testimony in their claim, proving the validity/merit of their claim.
| Types of claims | Description | Statute of limitations (discovery rule applies in all cases) |
|---|---|---|
| Misdiagnosis or late diagnosis | Failure in identifying an illness or condition promptly, leading to significant issues | 3 years |
| Medication errors | Prescribing the wrong medicine or dosage that led to harm or dangerous reactions | 3 year |
| Birthing issues | Injury or harm to the mother or child during birth due to the negligence of hospital staff | 3 years |
| Surgical errors | Errors during surgery, including forgetting surgical tools in the patient’s body, operating on the wrong body part, or performing the wrong procedure | 3 years |
| Poor care | Failure to appropriately monitor or follow up on a patient's condition, which led to a poor response to critical conditions or complications | 3 years |
Statute of Limitations for Debt in Rhode Island
The statute of limitations for collecting debts, such as unpaid credit card debt in Rhode Island, is 10 years unless specifically stated otherwise. This extends to debt claims, such as auto loans, medical bills, and personal loans, and starts to count down on the date of the last payment made. Once the deadline expires, the debt is considered time-barred, meaning the creditor may no longer try to sue or use the legal system to collect the debt. However, the debt will remain on the debtor’s credit report for 7 years.
The debt statute of limitations in Rhode Island details how long creditors may collect debt using the Rhode Island legal system. Under R.I. Gen. Laws § 9-1-13, most debts are considered contracts.
Although the statute of limitations is generally set at 10 years, performing specific actions may reset this time limit. Acknowledging the debt in writing or making a payment towards the debt may restart the 10-year deadline, giving a creditor fresh time to file a claim.
| Type of Claim | Statute of Limitations. R.I. Gen. Laws § 9-1-13 |
|---|---|
| Medical bills | 10 years |
| Auto loans | 10 years |
| Unpaid credit cards | 10 years |
| Personal loans | 10 years |
Statute of Limitations for Child Abuse and Child Support in Rhode Island
Child abuse and child support enforcement in Rhode Island have strict deadlines that differ according to the law. Abuse cases against children are treated very seriously and usually have unlimited or extendable timeframes depending on the case. Unpaid child support and arrears are regarded as a form of debt that never expires, and the state provides several avenues to make sure it is fully collected.
There is no child abuse statute of limitations for criminal prosecutions of such cases in Rhode Island. Serious crimes such as child molestation, rape, and sexual assault are felonies with life imprisonment penalties. All such felonies have no statutes of limitation, meaning charges against the accused may be filed at any time, regardless of how many years have passed.
For civil claims, survivors of such childhood abuse may file a civil lawsuit for 35 years. This time only starts to count down after they turn 18 years old. This means the window for them to file their case does not close until they turn 53. Rhode Island offers a discovery rule that allows survivors who discover the abuse later in life the option to file within 7 years of discovery of the abuse, even if the original deadline has passed and they are over 53. The state also introduced a limited revival window to reconsider specific expired claims. These actions aim to help victims seek justice and consider that victims may not come forward till later in life.
As it may affect a child’s welfare, unpaid child support is treated differently from almost all other debts. It never expires, and the government provides significant steps to ensure that arrears are fully paid, no matter how long it takes. Some enforcement tools Rhode Island uses to ensure payment include the following.
- Misdemeanor charges
- Tax refund interception
- Wage garnishment
- Suspension of driving or professional licenses