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RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in Texas for 29 years
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I am the victim of sexual abuse. I was 16 yrs old when a family

Customer Question

I am the victim of sexual abuse. I was 16 yrs old when a family friend 12 yrs older began a relationship with me... I am now 25, is it too late to file a report?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 4 years ago.


Thanks for your question.Here is the law

PENAL CODE
SECTION 261-269

261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor.
For the purposes of this section, a "minor" is a person
under the age of 18 years and an "adult" is a person
who is at least 18 years of age.

(b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years
older or three years younger than the perpetrator, is
guilty of a misdemeanor.


(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
(d) Any person over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an
adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse
with a minor less than two years younger than the adult is liable for
a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse
with a minor at least three years younger than the adult is liable
for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of
unlawful sexual intercourse with a minor under 16 years of age is
liable for a civil penalty not to exceed twenty-five thousand dollars
($25,000).
(2) The district attorney may bring actions to recover civil
penalties pursuant to this subdivision. From the amounts collected
for each case, an amount equal to the costs of pursuing the action
shall be deposited with the treasurer of the county in which the
judgment was entered, and the remainder shall be deposited in the
Underage Pregnancy Prevention Fund, which is hereby created in the
State Treasury. Amounts deposited in the Underage Pregnancy
Prevention Fund may be used only for the purpose of preventing
underage pregnancy upon appropriation by the Legislature.



261.6. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, "consent" shall be defined to mean
positive cooperation in act or attitude pursuant to an exercise of
free will. The person must act freely and voluntarily and have
knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be
sufficient to constitute consent where consent is at issue in a
prosecution under Section 261, 262, 286, 288a, or 289.
Nothing in this section shall affect the admissibility of evidence
or the burden of proof on the issue of consent.



261.7. In prosecutions under Section 261, 262, 286, 288a, or 289,
in which consent is at issue, evidence that the victim suggested,
requested, or otherwise communicated to the defendant that the
defendant use a condom or other birth control device, without
additional evidence of consent, is not sufficient to constitute
consent.

Updates 04-2001:

 

 

That said it appears to have been too long here

 

. Q: How long can a person wait to report statutory rape? Top of page
A: The statute of limitations will depend on the seriousness of the violation. No matter what, all cases are treated individually and if someone has committed a crime against you, you should report it to authorities. It is up to a District attorney to determine the nature of the charges (if any) and how the statute of limitation laws apply to your case.
  • Violation of Penal Code section 261.5(b) is a misdemeanor and has a one year statute of limitations.
  • Violation of Penal Code section 261.5(c) can be charged as either a felony or a misdemeanor and has a three year statute of limitations.
  • Violation of Penal Code section 261.5(d) is a straight felony and has a three year statute of limitations.
These statutes of limitations start running from the date of offense, regardless of when the crime was reported. There are other Penal Code sections tolling the statutes of limitations of certain sex crimes against minors where the statute of limitations begins running after the age of 18. This does not apply to charges under Penal Code 261.5 for statutory rape. It does apply to violent sexual assaults and sexual abuse of minors.

 

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