Does anyone know the statute of limitations on rape / statutory rape in Florida?

Question

I desperately need to know the statute of limitations on rape / statutory rape in Florida due to recovered memories.

More a refusal to acknowledge instead of recovered memories. Just learned of child endangerment / possible abuse by same guy to his daughter.

I was 15- 21 at the time from years 1986 - 1992.

Answer 1

Florida Stat. Ann. §775.15

No statute of limitations for sex battery if victim reported the offense within 72 hours.

Florida S 698 (2001)

Tolls the statute of limitation until a victim of a sexual offense reaches age 18 when the victim is a minor, or until they report it to authorities, whichever happens first.

another florida statute is
Fla. Stat. 775.15 (8) (a) - Prosecution of sexual battery and lewd or lascivious offenses may be commenced with one year of date identity is or should be identified by DNA analysis.

Now you may have problems due to a lack of evidence to prosecute any rape allegations after the fact, especially if you have no proof other than your recovered memories.

I wish you luck though.

Answer 2

I live in Florida and don't believe there is a limitation

Florida Stat. Ann. §775.15

No statute of limitations for sex battery if victim reported the offense within 72 hours.

Florida S 698 (2001)

Tolls the statute of limitation until a victim of a sexual offense reaches age 18 when the victim is a minor, or until they report it to authorities, whichever happens first.

Answer 3

Those fall under a seperate clause usually in the stautes. Usually the time starts running once memories of past sexual assaults have occurred!

Florida has no statute of limitations for prosecutions of the most serious forms of sexual assault, regardless of the age of the victim


Extensions of the Criminal & Civil Statutes of Limitations in Child Sexual Abuse Cases
Most states have laws limiting the time during which crimes other than murder may be prosecuted. All states have time limitations for bringing a lawsuit to recover money for damages from the wrongdoing of another -- a civil action. In recent years, many states have adopted extensions to their criminal and civil statutes of limitation for cases of child sexual abuse and in certain other sexual assault cases. The length of the extension varies greatly between the states.

Time Limitation for Prosecution of Offenses
The majority of states that limit the time within which criminal prosecutions must be brought extends the time for cases of sexual offenses against children. Those states have recognized the power imbalance between child victims and the adult perpetrators, who are often family members. Child victims are more easily intimidated by offenders. The position of authority occupied by the perpetrator also enables the offender to confuse the child, by both assuring the child that the sexual conduct is not wrongful, and/or threatening the child with terrible consequences if he or she discloses the activity. This makes reporting of offenses very unlikely. Moreover, child victims may be too young to know how or what to report. States also recognize that child victims may suffer memory repression or severe psychological trauma from the nature of the offense. They may even be unaware of the fact that a crime has been committed against them. For all of these reasons, most legislatures have extended the limitations period for the prosecution of child sexual offenses.

Some states have no time limitation for the prosecution of most sexual offenses against children:
- Alabama (violent crimes or sex offenses involving persons under 16);
- Alaska (most sexual offenses against children under 18);
- Kentucky (felonies);
- Maine (incest, rape, or gross sexual assault of victim under 16);
- Maryland;
- North Carolina;
- Rhode Island;
- South Carolina;
- Virginia (felonies);
- West Virginia (felonies); and
- Wyoming.

In addition to the above, several states have no statute of limitations for prosecutions of the most serious forms of sexual assault, regardless of the age of the victim. These include Florida, Indiana, Mississippi, New Jersey, New Mexico and South Dakota .

Most other states have some sort of extension of the limitation period. Generally, these extensions are set out in the statute, but in a few jurisdictions this is simply a matter of law as created by court decisions ("common law"). The extension of time may be based on: a set number of years from the date of the crime; the date the child reaches majority (usually at age 18); the date the crime is first reported to law enforcement or another governmental agency; the date the victim discovers the crime; or some combination of extensions.

Even in states where there is an extended time limitation to prosecute someone for sexual abuse of a child, in some older cases of child molestation there may not have been a criminal law in effect at the time of abuse that prohibited the particular conduct. Check with the prosecutor in the jurisdiction where the abuse took place if you have any questions.


http://www.darkness2light.org/KnowAbout/articles_extensions_statutes.asp

Answer 4

unfortunatley you need to tell alittle more, was it rape or statutory rape, was it by a family memeber in care of you, what year did it occur, are you older than 25, there are a few more determining factors ---and the first answer is wrong if you want to e mail me with the answers in private i will tell you or contact a prosecutor they will tell you, but you will have to give some details

Answer 5

"Recovered memories" usually will not stand up in court because there is the contention that therapists can manipulate their clients to "discover" "recovered memories".
Read This
http://www.legalmatch.com/law-library/article/floridas-statute-of-limitations-of-sexual-abuse.html

If you can prove your accusations then get an attorney in Florida.

Answer 6

I found a site that says by 2006 it maybe 10 years (it was 4 yrs). I do not know if it changed yet though.

Answer 7

There is no limitation...track her down and bring it up again.

Answer 8

I don't think there is one.