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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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if a minor waits 10 years before reporting to the police and

Resolved Question:

if a minor waits 10 years before reporting to
the police and criminal investigators that she
was molested at age 6-7 years old(she is now 17 and will 18 years old in Dec.2013);
can the police still arrest the person that she accuses of molesting her? Can that person still be charged with child molestation and go to trial and possibly
go to prison?She waited for 10 - 11 years before even going to the police or for that matter waited a 10 years before even telling her parents?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

That isn't a question that has a black and white answer.

JD 1992 :

At this time the State of Florida does not have a statute of limitations on child molestation assuming it is charged as Aggravated Rape.

JD 1992 :

However, to find out if someone could be charged there would have to be research done back to the date of the offense to see what the statute of limitations was at that time. It has been lengthened over the years repeatedly.

JD 1992 :

The fact that the child waited to report the matter doesn't mean that it couldn't be prosecuted though.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have an additional questions please feel free to ask them in this thread.

Customer:

the criminal invesigator that the person had to talk to said that the person being accused is not

Customer:

the criminal investigator told the person that he is not going to be arrested nor is he being charged at all; the investigator didn't even mention rape at all.

JD 1992 :

That sounds promising. Usually they wouldn't tell you that if they intended to pursue you.

JD 1992 :

Did you have any additional questions?

Customer:

o.k. thank you so very much. that eases my mind. however the person who is being accused is still scared to death because the police and invesigators have been known to lie and the person ends up going to jail then trial and then prison after all. there probably wouldn't be any d.n.a. or physical evidence after 10 years would it? because the girl has most likely already has had sexual intercourse with someone her own age anyway.

JD 1992 :

No, no physical evidence after ten years.

JD 1992 :

The person shouldn't give a statement to the police without a lawyer though.

Customer:

o.k. thanks again. hopefully there won't be anything else to come up concerning this incident but just in case we now know to find a lawyer that handles sex crimes and hire them if need be.

JD 1992 :

Exactly, and good luck.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26826
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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