QUESTION
Can I still press sexual assault and rape charges after 9 years?
Asked on Apr 01st, 2013 on Criminal Law - South Carolina
More details to this question:
When I was 16, I got drunk and my brother's friend who was in his 20's had sex with me. I ended up pregnant and had my son. He will be 9 this year. I was wondering if it's too late to press charges or what I can do legally since he is now threatening me about taking me to court to see 'our' son.
4 ANSWERS
John J. Carney
There is no statute of limitations in New York for rape or murder. You should always tell your lawyer the truth and let him advise you from there. So many people are vindictive and just want to get even and they falsely accuse others. This can result in a charge of making a false police report or the conviction of an innocent person. If you were 16 consent is not possible and it would be statutory rape but it is doubtful that he would be convicted after all these years.
Answered on Apr 04th, 2013 at 8:08 PM
Michael J. Breczinski
That depends on the State where this happened. Each State has it's own Statute of limitations. Talk to the police.
Answered on Apr 03rd, 2013 at 9:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need many more details prior to the time I can give you advice on this except for the fact that most probably, as to the rape, the statute of limitations has most probably run. There remain issues of support, parenting time, and parental rights for which you should see an attorney. Under certain circumstances it is possible to have a parent stripped of their rights due to their behavior.
Answered on Apr 02nd, 2013 at 9:37 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there is no statute of limitations on crimes such as this one. Rape is a crime that can be prosecuted by the proper authorities. You could report it to the authorities, if you have not already done so. Do Not rely on this information in taking any action and/or inaction in regards to these matters. Also, you should consult with a local attorney in person prior to taking any action and/or inaction in regards to these matters.
Answered on Apr 02nd, 2013 at 7:54 PM