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My daughter was raped (molested) by her cousin 22 years ago.

She was 4, he was...
My daughter was raped (molested) by her cousin 22 years ago. She was 4, he was about 15. Is there a limitation on how long she has to file charges
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Answered in 10 minutes by:
6/14/2013
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,751
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello Jacustomer,

The statute of limitations that applies here is not today's statute of limitations, but the statute of limitations in effect 22 years ago. Under the present statute, if this was a felony, there would be 17 years involved, consisting of a ten year statute of limitations for the sexual assault and a 7 year extension, which would make it time barred.

Again, however, it's the 22 year old statute that would count. That information is not on the web. Your local prosecutor should have it and I suggest that if she's interested in prosecuting she give them a call.
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Customer reply replied 4 years ago


sorry but maybe a silly question, but, so what does "which would make it time barred


Faith

Hi Faith,

Not silly at all, and I am sorry if I wasn't clear.

When a crime takes place outside of the statute of limitations it is considered too old to be prosecuted and the law won't allow it.

Presently, the statute of limitations is 10 years from the incident plus another 7 extension for a juvenile felony sex offense. That's 17 years. The case happened 22 years ago, so under the law of your state, she's time barred (5 years too late) from bringing felony charges at this time. If the case would have been a misdemeanor time ran out way before that.

BUT today's statute of limitations is not what applies to her case. She has to know what the statute of limitations was 22 years ago. Frankly, chances are it's going to be shorter rather than longer, because the laws have toughened in recent years with regard to sex offenses. But I cannot find that information on line. She needs to talk to a prosecutor in the sex crimes bureau, who should know this, or would have to go to a law library.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,751
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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