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Irwin Law
Irwin Law, Attorney
Category: Criminal Law
Satisfied Customers: 7088
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My daughter just turn 15 years old last year when it happened,and

Customer Question

my daughter just turn 15 years old last year when it happened,and the boy just turn 18 years old.and we just found out last sunday,my question is..can we still file a charges to this boy?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Irwin Law replied 10 months ago.
You are referring to a charge of statutory rape, I presume. You may not be able to file charges yourself, but the County prosecutor may do so. The statute of limitations on that charge depends on the ages of the parties. This is described in the following paragraphs:PC 261.5(b) – If the two people involved are less than three years apart at the time of the crime, the defendant will be charged with a misdemeanor. The Statute of Limitations is one year for this statutePC 261.5(c) – If the two people involved are more than three years apart at the time of the crime, the defendant can be charged with a felony or misdemeanor. The Statute of Limitations is three years for this conviction if filed as a felony.The DNA Exception rule allows for prosecution of statutory rape within one year of the date on which the identity of the suspect is conclusively established by DNA testing or within 10 years of the offense (PC Section 803). I hope that this information is helpful, and that you will enter a positive rating for it by clicking on one of the five boxes at the top of this reply. We are not employees of Just Answer, and only receive credit for assisting you when the rating is positive. AND THANKS FOR USING JUST ANSWER.