I don't know what the Michigan statute of limitations is, but there may be certain things that stay it. You also have to define "prosecute." Do you mean a civil action-- you, yourself, bringing a claim for money damages-- or do you mean a criminal action -- the STATE bringing criminal charges to incarcerate the perp? In the civil context, there are different rules. On the criminal side, some states "toll" the statute of limitations if the perp leaves the state. On the civil side, there are often these rules called the "discovery doctrine" which MAY allow you to sue many years after you "discover" the harm. If you have competent medical evidence to show that you, as a child, didn't realize that this happened, or didn't realize what was going on, or that you repressed it, there may be grounds. Also, generally a statute of limitations is tolled until the plaintiff turns 18, so, if you're say 19 and this happened when you're 12, you may be OK. Finally, some states have particularized rape/sexual assault statutes of limitations that are longer than the normal assault/battery/false imprisonment SoLs.
The whole point is: GO SEE A LAWYER. For that matter, go see two. If you want criminal charges pressed by the state (which you don't really have much control over), go to a police station and file a charge, or talk to the prosecutor in your county to see what likelihood there would be of pressing charges. If you want to file a civil lawsuit for monetary damages, see a private practitioner. Most plaintiffs' lawyers will not charge for an initial consultation, and may take the case on a "contingent fee" basiss (where you pay costs, but not attorneys' fees unless you recover from the defendant).
The other important point is GO SEE A LAWYER TODAY. If the limitations period is running, you want to get in as soon as possible to show that you're not sitting on your rights now.
Good luck.
2006-12-18 15:40:46
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answer #2
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answered by Perdendosi 7
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Michigan limits prosecution to 10 years when the perpetrator is identified.
You could probably still file a civil suit though
Also the 10 years starts when you realized it was rape (although its hard to prove)
2006-12-18 15:37:58
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answer #3
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answered by Caitlin 5
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I don't think there is a statute of limitations on rape. You may want to call your state Bar Association though. They can point you to an attorney who can help you.
2006-12-18 15:37:23
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answer #4
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answered by jkaaz101406 2
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