The Law of Limitation for GBV Cases

“Hello there! I’m here to provide you with a bit of information on the Law of Limitations related to GBV cases which refers to the time frame within which GBV cases can be reported. I would like to remind you that suggestions on this post should not be taken as medical advice, legal advice, therapy, etc. or as a one-size-fits-all approach.  Keep in mind that every individual’s journey of  experiencing and navigating through stress or trauma is distinctive because you are one of a kind and no person is truly like you!  Experiencing abuse in any form is NOT OKAY, but what you are experiencing as a result of abuse is valid.  Please know that healing is not a formula and is not for anyone else to define for you. You do you, and you follow all that you need to follow, to help yourself. If you need additional resources or just someone to talk to, feel free to reach out to Imaara Foundation."

Written by: Vedha I.K

What Is the Law of Limitation, and Why Does It Exist?

The Law of Limitation—also known as a statute of limitations—defines a specific time period within which legal action must be initiated for a crime. Once this period has passed, a legal claim is typically considered invalid and cannot be pursued in court.

Proponents of the law argue that, over time, critical evidence such as witness testimony or material proof may become unreliable. It is believed that encouraging timely reporting enables a more accurate investigation and can help prevent repeat offenses. However, when it comes to crimes such as sexual and gender-based violence (SGBV), the disadvantages of this law can outweigh its intended benefits—especially when survivors’ healing timelines are ignored in the pursuit of procedural efficiency.

In some parts of the world, including certain states in the United States, the statute of limitations for rape can be as short as one year. Definitions of rape also vary widely: while some jurisdictions recognize any non-consensual intercourse as rape, others require evidence of physical force. This variation further complicates access to justice.

Many survivors of SGBV suffer from post-traumatic stress disorder (PTSD), a condition that profoundly impacts memory, motivation, and emotional stability. Around one-third of survivors are likely to develop PTSD, which can significantly delay their ability to come forward. Three major symptoms often hinder timely reporting:

• Avoidance coping – survivors may avoid thinking or speaking about the event, or avoid anything that reminds them of the trauma.

• Dissociative amnesia – survivors may forget critical details of the assault.

• Depression – survivors may experience persistent sadness, loss of interest, and hopelessness, making reporting feel impossible.(Purdue, J. M., & Vars, F. E., 2023)

Why Do Many Survivors Struggle to Report Sexual and Gender-Based Violence?

According to the U.S. Equal Employment Opportunity Commission, nearly 3 out of 4 survivors of SGBV do not report the incident. Their silence is often not a choice, but a reflection of overwhelming internal and external barriers.

Take, for example, the Bhanwari Devi case in Rajasthan, India. In 1992, Bhanwari Devi—a Dalit woman—tried to prevent a child marriage in her village. In retaliation, she was gang-raped by five upper-caste men. When she attempted to report the crime, she was ostracized by her community, repeatedly threatened, and faced delays from police authorities. Eventually, the court acquitted the accused, stating that upper-caste men would not rape a Dalit woman, particularly in front of her husband—a deeply casteist and misogynistic stance that denied her a fair trial.

In another instance, U.S. psychology professor Christine Blasey Ford accused then-Supreme Court nominee Brett Kavanaugh of sexual assault. However, her report fell outside the statute of limitations, and no legal action could be taken. Kavanaugh remains a sitting judge. This incident sparked the global Twitter movement #WhyIDidntReport, where thousands of survivors shared why they were unable or unwilling to report their assaults.

Common reasons include:

• Shame, guilt, or self-blame

• Fear of not being believed or facing judgment

• Lack of trust in legal systems or fear of retaliation

• Emotional denial or attempts to minimize the experience

• Unawareness of how or where to report

• Fear of social, professional, or physical consequences

• Reluctance to report a known perpetrator

• Substance-related memory gaps

• Age at the time of the assault(Garrett, A., & Hassan, N., 2019)

These complex psychological and societal barriers mean that expecting survivors to report immediately is not only unrealistic—it is deeply unjust.

Why Is It So Difficult for Children to Report Sexual Violence?

Children who experience sexual violence face even greater obstacles when it comes to reporting. According to the World Health Organization (WHO) and UNICEF, fewer than 10% of child sexual abuse cases are ever reported.

Many children do not fully understand what has happened to them until much later in life. In societies where discussions of sex and sexual violence are taboo, they may be blamed, shamed, or silenced if they attempt to speak up. In extreme cases, survivors are forced to marry their perpetrators or are harmed further to “restore family honor.”

Alarmingly, 70% to 90% of child SGBV is perpetrated by someone the child knows—often a relative. This further discourages disclosure, as families may prioritize the reputation of the abuser over the child’s safety. Children may also fear that no one will believe them, or they may lack the language and maturity to explain what happened.

Long-term effects—such as chronic pain, mental illness, PTSD, and cognitive distortions—may not appear until adulthood. Without understanding the link between their symptoms and the abuse, many survivors struggle to connect the dots or seek help. By the time they do, the statute of limitations may have expired—allowing perpetrators to walk free.(AlMatrooshi, A. M. J. M., 2018)

Does India Have a Statute of Limitations for SGBV Cases?

India has taken a more trauma-informed approach by eliminating statutes of limitation for rape and child sexual abuse under its criminal laws. This ensures that survivors can pursue justice at any point in their healing journey, and that new evidence—such as forensic findings or witness testimony—can revive older cases.

This approach aligns with UN recommendations, which call for the removal of limitation periods for serious crimes, including SGBV. The possibility of facing consequences—no matter how much time has passed—can also serve as a deterrent for potential perpetrators.

However, not all forms of SGBV are exempt from limitation periods in India. For example:

• Sexual harassment, voyeurism, and stalking must typically be reported within 1–3 years.

• Molestation and domestic violence usually have a limitation of 3 years.

• Dowry-related violence is subject to varying time frames depending on the charge.

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These restrictions fail to consider the real barriers survivors face and risk silencing many who come forward later in life. India has made critical progress, but there is still a pressing need to expand trauma-sensitive timelines across all forms of SGBV.

Should the Law of Limitation Be Reformed?

While the Law of Limitation exists to preserve the integrity of evidence, it often disregards the emotional, social, and psychological realities faced by survivors of SGBV. Healing from trauma is not linear, nor is it bound to timelines.

By enforcing narrow reporting windows, legal systems worldwide risk retraumatizing survivors, discouraging disclosure, and allowing perpetrators to evade justice. Removing or extending limitation periods—particularly for SGBV—demonstrates a more compassionate, informed, and survivor-centered approach to justice.

Want the references for this article?

Purdue, J. M., & Vars, F. E. (2023). Time to Heal: Trauma's Impact on Rape & Sexual Assault Statutes of Limitations. Tex. A&M L. Rev., 11, 125.

Garrett, A., & Hassan, N. (2019, August). Understanding the silence of sexual harassment victims through the# whyididntreport movement. In Proceedings of the 2019 IEEE/ACM international conference on advances in social networks analysis and mining (pp. 649-652).

AlMatrooshi, A. M. J. M. (2018). A critical evaluation on combating child sexual abuse and the limitations of international law: a case study of United Arab Emirates (Doctoral dissertation, Brunel University London).