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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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What exactly is the statute of limitations on statutory rape

Resolved Question:

What exactly is the statute of limitations on statutory rape in Missouri? Alleged incident would have taken place December 1997. Parent of minor became aware of alleged incident June 1998.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thomas Swartz replied 5 years ago.
HelloCustomer

The statute of limitation is 20 years, unless the prosecution is for the crimes of forcible rape, attempted forcible rape, forcible sodomy, kidnapping, or attempted forcible sodomy. In these cases, there is no statute of limitation and the prosecution can be commenced at any time. The specific statute which provides this is Missouri Revised Statutes § 556.037 which provides as follows:

Time limitations for prosecutions for sexual offenses involving a person under eighteen.

556.037. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under must be commenced within twenty years after the victim reaches the age of eighteen unless the prosecutions are for forcible rape, attempted forcible rape, forcible sodomy, kidnapping, or attempted forcible sodomy in which case such prosecutions may be commenced at any time.


I hope this answers your question.

Thomas

Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 2808
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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