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Is it true in most US states that if the evidence is found (DNA etc) for a rape conviction and it is over ten years old it is too late to prosecute?

from Retribution by J Hoffmann.

2007-07-11 03:56:16 · 11 answers · asked by Perseus 3 in Politics & Government Law Enforcement & Police

11 answers

Normally the Statute of Limitations for rape is set at a certain number of years depending on the state (usually less than ten years). However, an increasing number of states have recently enacted laws extending the statute of limitations (well beyond 10 years) or eliminating it entirely for crimes such as rape in cases where the defendant is being prosecuted on the basis of DNA evidence.

2007-07-11 04:48:40 · answer #1 · answered by Ga Prosecutor 2 · 2 0

The statute of limitations varies by state. There is no correct answer for the entire USA. If the victim was a minor at the time of the rape, the statute (if it exists in the state) may not start to run until the victim turns 18. Another considerate is that if the statute is changed AFTER the crime, the statute as it existed when the crime was committed applies.

2007-07-11 04:28:37 · answer #2 · answered by STEVEN F 7 · 0 1

No, I am pretty sure that besides murder, rape is the only other crime that has no statute of limitations, and statutes of limitations have their limitations, the government can do anything it wants, when they come get you with guns drawn what are you going to do? You go with them or you don't, a supreme court appeal would probably be your only chance and I wouldn't hold my breath on that either. The new and the old patriot act pretty much screwed every man woman and child in this country, not to mention the new bankruptcy laws ruining people because corporations talk people into over extending themselves now you can't default you can only avoid the interest, you still have to pay the principal or resale value of your property. I'd plan on doing 10 to 20 for it depending on the circumstances, I could be wrong but not usually.

2007-07-11 04:09:14 · answer #3 · answered by samhillesq 5 · 1 3

My first QUESTION to you is why would you be asking such a question?? hmmmm?

Each State is somewhat different as to Statute of Limitations... You dont mention what State you are from so your best answer will come from a Police Department or the local prosecutors office. Call them and ask. If you are concerned about caller ID call them from a pay phone or use *67 from whatever phone you are using before dialing their phone number. This negates caller ID..

2007-07-11 04:13:53 · answer #4 · answered by RETIRED 7 · 0 0

I believe the statute of limitations is 11 years for rape.

2007-07-11 04:04:01 · answer #5 · answered by Saoirse 3 · 1 1

The statute of limitations applies to rape. I believe it's seven years.

2007-07-11 03:58:44 · answer #6 · answered by Anonymous · 3 0

That is usually the longest statute of limitations available. Some states still classify Rape as a capital crime and there is no statute of limitations for a capital crime.

2007-07-11 04:12:21 · answer #7 · answered by New Dog Owner 4 · 1 1

There is no statute of limitation on sex crimes in MN anymore the law was changed in many states and if there is proof anyone can be brought to justice no matter what!!

2007-07-11 04:03:47 · answer #8 · answered by daniel 2 · 1 0

Cases have been brought over 10 years because of the DNA testing. Depends on the judge.

2007-07-11 04:04:44 · answer #9 · answered by Anonymous · 1 1

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2016-10-01 09:09:53 · answer #10 · answered by ? 4 · 0 0

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