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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32369
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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rape of a minor what is the statute of limitations of unreported

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rape of a minor

what is the statute of limitations of unreported multiple rapes of two 11-13 girls by the same minor boy. Boy is now 20. Rape were 4-7 years ago.

one girl (they are sisters) wasn't going to say anything until she just found out that her sister, now 16, was raped at the same time by the same boy. They are worried that the boy will continue this. The (now) 17 year old was not going to say anything until she found out her sister was also raped for a couple years at the same time. They are convinced he will do it to others.

They were too humiliated to say anything.
The two girls just found out because they coincidentally confided in the same girl.
Submitted: 5 years ago.
Category: Business Law
Expert:  Dwayne B. replied 5 years ago.
The law on this in CA is very confusing because there is a 10 year statute of limitations, but here is also a one year statute of limitations based on when the crime is reported to the police. In addition, in this case, there is the issue that the boy was also a minor at the time. Regardless, it appears that they are still within the statute of limitations but the longer they wait the less chance of a conviction.

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Customer: replied 5 years ago.
it happened, unreported, five years ago to two sisters. we don't know who else.
Is this the kind of crime that is punishable by a maximum of 8 years in prison or is it a lesser crime that is punishable by 3 years in prison?

And I here if dna would be required, then the rules are different. I don't know if that applies to that long ago.

And if it was a minor who did it, does it hurt the girls' case that he was a minor then even though he's an adult now?

Are you an expert at this sort of thing?
What would you do if it were your daughters? How would one find out if there were other girls?
Expert:  Dwayne B. replied 5 years ago.
Probably the high end, although the exact facts will make a difference because these types of crimes can be charged in multiple ways and, in addition, they often will be separate crimes so the sentences can be run consecutively or "stacked" so that all of one sentence has to be completed before the next starts.

DNA is not required and, in these type of cases, is often not available.

It doesn't hurt the case that he was a minor but it may change the charge. Again, it depends on the exact facts.

I have handled a number of these types of cases. There is no question in my mind that if it was my daughter I'd report it, but that is a personal decision and what I would do shouldn't be the dispositive consideration for you. Likely if there are other children, and there usually are, they come forward once the charges come out.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B. and 2 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.
what state/city to you practice? we're in LA
Expert:  Dwayne B. replied 5 years ago.
I'm from Texas. I handled similar case in several states though and consulted on a couple in CA.

Thanks for the ACCEPT.
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