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AttorneyTom, Lawyer
Category: Criminal Law
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My ex-husband is threatening to have charges pressed against

Customer Question

My ex-husband is threatening to have charges pressed against me for rape/sexual molestation. I had an affair with his brother when I was 18 and his brother was 15. This all happened more than 25 years ago. He is saying that if I do not stop the back child support enforcement that he is having to pay, he will have his brother press charges against me. My question is what is the statute of limitations on this kind of charge?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 7 years ago.
Did the alleged acts take place in GA?
Customer: replied 7 years ago.
Yes, In DeKalb Co. GA about 28 years ago.
Expert:  AttorneyTom replied 7 years ago.

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In such an instance, the statute of limitations should begin to run when the victim turns 16, according to 17-3-2.1.

If charged as a misdemeanor, it would therefore need to be charged within 2 years of turnin 16; as a felony, within 4 years of turning 16. However, the statute of limitations may potentially be tolld for such matters if the memories were repressed. 17-3-1.

It sounds like your husband may be committing extortion, which is a crime. Typically, a person cannot threaten criminal prosecution to acquire a civil remedy.

Accordingly, due to the possible criminal nature of your husband's actions and due to the possible repression issue, it's essential to discuss this matter with your local attorney prior to taking any action.

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