QUESTION
Can rape be charged even if it happened seven years ago?
Asked on Sep 12th, 2012 on Criminal Law - California
More details to this question:
A friend of mine was raped by her older brother starting when she was seven. He would have been thirteen. It was not consensual in any way. He just decided that he wanted to have sex with her. This lasted for five years. She is now 19. She would like to know if it is possible to put him away for Rape even though it has been seven years since the last rape. There is no evidence other than her word.
10 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 2:43 AM
Michael J. Breczinski
Yes.
Answered on May 22nd, 2013 at 2:42 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is possible, contact the police.
Answered on Sep 28th, 2012 at 12:25 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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That depends on the statute of limitations in your state.
Answered on Sep 21st, 2012 at 5:57 PM
Michael Paul Vollandt
The statute of limitation on crimes against minors do not run until the minor reaches age 18 so the crime can be prosecuted.
Answered on Sep 19th, 2012 at 2:30 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes. Immediately go to police and report the crimes. They can file criminal charges. She can also file a civil lawsuit if it makes emotional and financial sense to do so.
Answered on Sep 19th, 2012 at 2:26 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Rape can be charged up to 20 yrs. but, practically it is doubtful a prosecutor will charge. Report it to the police and let them decide.
Answered on Sep 19th, 2012 at 12:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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She should speak with the police or prosecutor. The statute of limitations was most probably tolled, not running, until she reached adulthood. After that she should have a LIMITED time to make her complaint.
Answered on Sep 19th, 2012 at 11:28 AM
Criminal Law Attorney serving Houston, TX
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The Law Office of Matthew D. Sharp
There is no statute of limitations for aggravated sexual assault of a child in Texas. If she wishes to pursue charges she should contact the police.
Answered on Sep 19th, 2012 at 11:26 AM
Generally speaking there is a statute of limitations on sex offenses, however it is currently ten years. So if your friend wanted to report it to the police she certainly can. However, he was a juvenile at the time of the offense, and would be subject to juvenile court proceedings, if he was 18 or older at any time during the conduct, then the adult court would get involved.
Answered on Sep 19th, 2012 at 11:24 AM