Statutes of Limitations Vary for Statutory Rape

By Deanne Katz, Esq. on January 30, 2013 | Last updated on March 21, 2019

Asking about the statute of limitations when it comes to statutory rape can sound a little creepy. But it's an important thing to know, especially if you're concerned about one of your past or current relationships.

While alleged perpetrators may hope to lay low for a while to avoid arrest, alleged victims may have other reasons to wonder how much time can pass before prosecutors can press charges for statutory rape. Young victims are often confused and scared, and may not immediately report the incidents to law enforcement.

But what is meant by the term statute of limitations? Sure, it has something to do with whether you bring a criminal case, but what exactly does it mean?

Well, the statute of limitations is the time limit for bringing a legal claim. Every injury and crime can have its own statute of limitations, and each state makes its own rules.

In order to bring a lawsuit or press criminal charges, the initial legal complaint must be filed before the statute of limitations for that specific crime or allegation expires.

For serious crimes, especially those that involve force or violence, the statute of limitations is generally longer; for certain crimes, there is no time limit on claims. Statutory rape has a very long statute of limitations in most states.

Even if you know the statute of limitations, it's important to understand when the clock starts ticking. For most crimes, it's the time when the harm occurs, which would be the first incident of statutory rape. In some states, however, it may start when the victim turns 18.

Since statutory rape is a criminal charge, a victim who wants to press charges isn't necessarily in control. Instead, it's local prosecutors who typically bring alleged perpetrators to court.

If the government does decide to prosecute, then the victim will be asked to participate in the case. But if the case is near the end of the statute of limitations, prosecutors may decide not to bring charges.

Once the statute of limitations for statutory rape passes, the perpetrator may not be able to face justice in court for what he or she did. If you think you want to bring a case, don't hesitate in reporting the alleged crime, or you may miss your chance.

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