QUESTION
Is there a timeframe after the so called "rape" where the female cannot press charges anymore?
Asked on Jan 11th, 2013 on Litigation - Utah
More details to this question:
If I was falsely accused of rape over a year ago and now she is threatening to press charges even though I have not spoken to her or seen her since, is that possible? Thanks.
7 ANSWERS
Michael J. Breczinski
She is not the one who presses charges it is the State. And there is a Statute of limitations but one year is not long enough to bar prosecution.
Answered on Jan 17th, 2013 at 11:18 PM
Drug Charges Attorney serving Houston, TX
at
Cynthia Henley
Update Your Profile
You are nowhere near the statute of limitations. The statute varies based on the age of the complainant. However, if she is not a child, the delay raises suspicion of it being a false claim. If police try to talk with you, lawyer up immediately.
Answered on Jan 16th, 2013 at 10:40 AM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
The statute of limitations for rape charges is at least 3 years and can be longer depending on the nature of the allegations. Generally speaking, the longer a rape victim waits to report the crime to law enforcement, the more difficult the case is to prove. Although technically she could contact law enforcement and start the process of an investigation at this point, it seems pretty unlikely that they would be able to go forward with the case. Please bear in mind that this is just a very general assessment of the situation. Anything is possible.
Answered on Jan 16th, 2013 at 10:40 AM
3 Awards
Do not talk with her ever again. The police like to have her call you to try to get you to admit to facts they have trouble proving, often with her promising to let it go if you can just admit that you were wrong or did something wrong. The call is recorded and they are trying to convict you. Rape is a very serious allegation with very serious consequences, including a lifetime of prison. Do not treat this like it will just go away. Contact a good lawyer (me, if you want) and sit down to figure how to proceed. This will help you avoid mistakes that put you in jail. The statute of limitations for sexual assault is at least 10 years and can be longer. SOL will not save you. Get a lawyer and follow his/her advise. If the police come, do not give consent for any searches. Say nothing to the police other than "I want a lawyer." The police are not trying to get your side of the story, they are trying to convict you. They believe her and want to put you in prison. Just say I want a lawyer and nothing else.
Answered on Jan 16th, 2013 at 10:39 AM
Yes there is a time frame, but it is much longer than a year. You need to make sure you exercise your right to remain silent, because no matter what you say it will be twised around to be used against you later. The moment you open your mouth, especially to investigators, you will have sealed your own fate. Hire a lawyer before you do something stupid.
Answered on Jan 15th, 2013 at 1:04 PM
In Michigan there is no statute of limitations on Criminal Sexual Contact 1st Degree. CSC 2nd, 3rd, and 4th have a 10 year statute of limitations. If you think there is even a possibility of a sex crime charge, you should retain an attorney. Do not speak with the police until you have spoken with an attorney. Remember, only the prosecutor can make a deal and if this occurs it occurs after your attorney has spoken with the prosecutor.
Answered on Jan 15th, 2013 at 1:03 PM
1 Award
Yes, it is possible. It makes it more difficult for the police and prosecutor to gather evidence, however, and that makes it a harder case to prosecute. There will probably not be any medical evidence that sexual intercourse even took place nor signs of a struggle and any eyewitnesses that you were together are going to be difficult to find. For that reason, if she does press charges, hire an attorney immediately and admit nothing, including that you had sex. A prosecutor will have to prove that sex occurred and that it was rape. If you have any texts or emails from her, you should save them and show them to your attorney.
Answered on Jan 15th, 2013 at 1:03 PM