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My father raped me 10 years ago when i was 15. this resolted…

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My father raped me 10...
My father raped me 10 years ago when i was 15. this resolted in a child that i chose to keep. anyways i bloked it out of my mind and my now husbend made me tell him. this happened in connecticut in 1999. is there a statute of limitations on this for prosicution. i have already reported it 2 months ago
Submitted: 8 years ago.Category: Criminal Law
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Answered in 7 minutes by:
6/10/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,901
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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FranL :

Hello,

You would need to look at the statute of limitations that was in effect back in 1999 which was
"two years after the victim reaches age 18 or up to five years from the date he notifies the police or a prosecutor of the crime. But in either case, at least five years after the crime was committed" The law changed in 2002, and was extended. Today Connecticut's statute of limitations are

FranL :

the longest in the country.

FranL :

However, because the statute of limitations would not yet have run out on this particular crime until 2004, the new statute would be applied to it retroactively.

Customer:

he was also a felon and on probation when he did this to me could this change anything

FranL :

It would enhance his sentence if he's convicted of the rape. What I'm telling you is that the matter gets grandfathered into the longer statute of limitations, because it had still not expired by the time the new law was made.

FranL :

There is now no statute of limitations at all of a first degree sexual assault.

FranL :

And as to other forms of child sexual abuse, the statute of limitations is sexual assault of a minor is 30 years after the victim reaches age 18, or up to five years from the date he notifies the police or a prosecutor of the crime

Customer:

so what your telling me is that he can possibly get convicted if they go after him

FranL :

I am telling you that you are still inside the statute of limitations and that your case is not too old for your father to be arrested for this offense and prosecuted. Whether he gets convicted is, of course, up to a jury if he chooses to fight the charges.

Customer:

i talked to the state police back there and they said i cant do anything because of statute of limitations in 1999.

Customer:

ok i apprectiate your help so much.

FranL :

Police are not lawyers. Go to the prosecutor's office. The statute of limitations on your case in 1999 was 5 years. The law changed in 2002.

FranL :

And the statute of limitations was extended before the time on your case ran out.

FranL :

So the time on your case should be extended too.

Customer:

thanks i was about to give up

FranL :

Don't take the police's word for it because they wouldn't be expected to know it. Had the Statute of Limitations run out on your case before the the new law was enacted, then you couldn't prosecute.

FranL :

But in 2002 when the new law came out, your case could still have been prosecuted, so your case gets the benefit of the 2002 extension. Do you understand what I'm saying?

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