What is the statue of limitations for statutory rape?

Question

Suppose a guy bragged that he had sex with a girl when she was a minor and he was well over the age of consent. Regardless of whether it is true or not, he continued to brag about it years later even after becoming a mayor. Is statutory rape charges a possibility since he claims to have had sex with her when she was under age?

This would certainly shut him up once and for all, aye?

Answer 1

Statute of Limitations

It is often the case with statutory rape cases that memories fade, evidence gets destroyed, and thus defendants may lose the tools to supports their case. Therefore, many states impose a statute of limitations for prosecution in order to ensure that the lawsuits are based on a credible testimony and evidence and to ensure the integrity of the U.S. Justice System. In the last decade, however, the impetus to prosecute statutory rapists has resulted in either the lack of statute of limitations or an extension of the limitations period. For instance, the statute of limitations for California permits prosecution of the crime within six years after its commission (California Penal Code § 800), which is 3 years longer than its original time limitation. Additionally, under the “DNA Exception rule,” California further permits prosecution of statutory rape within one year of the date on which the identity of the suspect is conclusively established by DNA testing or within 10 years of the offense, codified under California Penal Code § 803 (2001). For defendants who may currently face a statutory rape lawsuit, it is significant to note that it is possible prosecution may not be permissible if the commission of sexual act occurred before the extended statute of limitations was instituted. As the Supreme Court held in Stogner v. California No. 01-1757 (US Sup. Ct. 06/26/2003):

A law enacted after expiration of a previously applicable limitations period violates the Ex Post Facto Clause when it is applied to revive a previously time-barred prosecution...Such features produce the kind of retroactivity that the Constitution forbids.

Answer 2

Laws vary by state.

But, assuming 10 years after the victim reaches 18 (which is a common standard), then if charges were not filed within that 10 year period, and if the accused remained in the jurisdiction (flight extends the limits), then after 10 years they could no longer be prosecuted.

Again, actual durations vary by state.

Answer 3

Well it depends on the state. I know in michigan.. depending on how young the child is.. it can be until they turn 18. other states limit by months or years. so just look into the state laws. you could check with a lawyer or local police department. just call the non emergency line and they will be more than happy to tell you the rules in your area

Answer 4

The statutes that limit prosecution of crimes differs from jurisdiction to jurisdiction.

She may have a civil action available to her, but criminal charges really depend on local laws.

Answer 5

Every state has their own laws, so you need to find out what yours has to say about it. You can call a lawyer and most of them will give you a free consultation.

Answer 6

What State? How long ago? Give some details, I don't know how you people can expect a real answer when you don't say what it is you want, we are not mind readers.