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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25462
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I turned 15 June 1987 I am the victim afraid to come toward

Customer Question

i turned 15 June 1987 I am the victim afraid to come toward til now. Perpetrator age 17 July 9, 1970 broke into my home while I sleeped. I woke , he had my mouth covered w/ knife to my kneck. He told my he would uncover my mouth & I would not get hurt if I would stay quiet. He raped me! I barely knew him. not a boyfriend. 1.5 weeks later he tried it again. I could not see any type of weapons. He heard a noise & I begged him to leave immediately. He did. About 2 weeks later tried kidnapping me from high school. I didn't know how he knew where I lived, my bedroom was, or my new school where I was taking a summer school. After all kids left,?he tried to take me. I escaped. After 28.5 yrs I came I did outcry. Too late apparently due to statue of limitations. He is a convicted sex offender of almost same type of crime. He's free now. Just watched as all others reporting.I did bleed a lot, got rid of all my clothing. He tried to kill me. Not attempted murder? I'm told wait til he tries again
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Today, because of all we now know of this kind of violence and the fact that many, many victims are afraid to come forward until much later than the incident, statutes of limitations have been growing longer and longer. In many states there's none at all for a forcible rape.

The difficulty is that it it the statute of limitations at the time of the incident and not the 2016 statute of limitation that applies. So if you've been told that there is nothing you can do because the statute has already run, you are not going to be able to sue your assailant or to have him prosecuted. He has already been brought to justice for other similar acts, which means he's subject to lifetime registration as a sex offender and will be closely monitored so he cannot commit any similar crimes again. Your reporting him -- which you should do if you haven't done so already -- can't result in a prosecution, but can help the authorities realize how closely his activities do need to be monitored. But as for getting your day in court with him with regard to your own case, unfortunately, there is no way to get around the statute of limitations.

I am sorry not to be able to tell you what you most want to hear. I am required to give you the law as it applies, which unfortunately goes against you now.