I personally know someone who was raped at seventeen, and they now wish to press charges against the person who raped them. Has the statute of limitations run out because they took a while to decide this or because the person was a minor, they can press charges seven years later? Any help is appreciated but in all honesty serious answers only. Thank you
2007-02-06
16:37:09
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12 answers
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asked by
kitten ~
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in
Politics & Government
➔ Law Enforcement & Police
There is evidence, such as the rape test kit, several worths of police officers actually staying with my friend and the hospitals report along with my parent's and her's being there. She has Post traumatic stress disorder and no recollection of what happened due to the fact that she was very heavily drugged with one of the date rape drugs, and is very lucky to be alive.
2007-02-06
16:49:11 ·
update #1
The time limit on a offense starts when the offense is realized by the authorities. In this case, when she reported the rape originally. The time limit varies for different offenses and in different states. In some states there is no time limit on violent offenses. Seven years seems to be a number that a lot of states use, not sure why. Your friend may be out of luck to press the criminal charges but might be able to file a civil suit.
She really needs to check this with the local prosecutor.
2007-02-06 19:03:16
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answer #1
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answered by Anonymous
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There is no statute of limitations on felonies, however, the fact that there will be no physical evidence of the crime makes it very difficult to prosecute. She can make a report, but the DA may not press charges due to the harship he will have in proving the rape occurred. Unless she has retained some physical evidence (DNA, hair, etc.) it's a matter of she said/he said, and hard to prove in court. Best wishes to your friend, she may want to check with a local rape crisis center for advice on exactly what to do to deal with the situation.
2007-02-06 16:43:45
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answer #2
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answered by bestguessing 3
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It depends on the state. I believe in most states, the seven year period starts when the minor reaches 18, so your friend might have until 25.
Best bet is to ask a rape advocacy center or some such thing.
One thing to consider, though, is that it is going to be damned hard for her to prove anything after so long, unless physical evidence was taken at the time.
2007-02-06 16:42:47
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answer #3
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answered by nkroadcaptain 4
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Yes, the statute of limitations would be 7 years. But there is a big flaw there. If she has blocked the whole incident that sure won't help in court. Maybe if you contact a help line to find a counselor to talk to her real quickly and bring out the rape memories, however painful they may be, to help her court case.
2007-02-06 19:01:48
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answer #4
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answered by Terry Z 4
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There is a statute of limitations, but, I also know that there have been provisions made to account for a victim's mental anguish, (PTSD, mental blocking) which may prevent the victim from remembering all of the details. Contact a rape crisis center in your state, they should have the information that you need.
2007-02-06 16:40:38
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answer #5
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answered by C. J. 5
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It depends on your state laws. Ive heard in most states there is about a 7 year limitation. Some more some less. Look in your local yellow pages and call a lawyer (that specializes in victims rights) or a legal advisor they should be happy to give you that info on the phone.
2007-02-06 16:42:09
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answer #6
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answered by ☺☻☺☻☺☻ 6
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Unfortunately, the statute of limitation is 7 years.
That being said, she could still testify and tell her story to a jury if someone else who was raped by this individual and he's standing trial for it.
Obviously he wouldn't go to jail for the crime he committed against your friend but her testimony could ensure that he goes to jail for a crime he committed on someone else.
Not exactly justice but your friend might get some sort of closure.
2007-02-06 16:44:08
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answer #7
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answered by Anonymous
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I'm not sure how it works i think its different in different places. i recently watched a dateline or 48 hours or something like that where it had been 20 years but she was still able to press charges because there was no statue of limitations on a felony.
2007-02-06 16:42:28
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answer #8
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answered by Anonymous
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Yes. I believe the statute of limitation is 7 years. Sorry to your friend.
2007-02-06 16:39:59
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answer #9
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answered by broadwayaprilandtiffany 3
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statue of limitation for rape is 15 years.
2007-02-06 17:24:40
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answer #10
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answered by greatbaldo 1
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