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Law Girl
Law Girl, Lawyer
Category: Criminal Law
Satisfied Customers: 4606
Experience:  I have practiced criminal law.
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I HAVE A FRIEND WHO HAD AN EX-GIRLFRIEND, AROUND 10 YEARS ...

Resolved Question:

I HAVE A FRIEND WHO HAD AN EX-GIRLFRIEND, AROUND 10 YEARS AGO, WHO IS THREATENING TO SUE HIM BECAUSE SHE CLAIMES THAT HE RAPED HER. IS THERE A STATUE OF LIMITATIONS IN CASES LIKE THIS?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Girl replied 8 years ago.

DearCustomer

Thank you for your question.

If we are talking about an adult who never blocked out the abuse, she would have two years to bring a civil suit against her attacker.

With respect to a criminal action, in which she would not sue but would report the incident to the police, she could still do damage. After she reports incident, the police will investigate and confer with the District Attorney about whether charges should be pressed. The District Attorney can review the evidence in making the determination about whether the case is sufficient upon which to move forward. There is a very good chance that ten years after the fact, if there is no evidence, they may decide the case will be too difficult to prove.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

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