Statutes of Limitations for Statutory Rape

[confuseddad]

My question involves criminal law for the state of: Florida

I am 24 years old. Married with a step daughter and a baby on the way.

Recieved a letter stating I may be the alleged father pending DNA tests of a baby that was born to a 17 year old. (17 now).

The child will be three in Oct.

I did not know she was underage and def. not 13 or 14. I was 19 or 20 (depending on bithdays)

It was a one night deal. ( I know that is all it can take but so you know there was no relationship that continued)

Curious as to what the time frame for prosecution is if they decide to press charges against ANY charge that would apply here due to our age.

[jk]

not against all crimes that were possibly involved but enough to be concerned. It's the really serious ones you need to worry about.

certain crimes involved have no statute of limitations.

[confuseddad]

I guess I'm trying to figure out IF there is serious ones to look forward to here. I have the link on statue of limitations for florida based on which charge you are up against (first degree felony, etc)

[jk]

I guess I'm trying to figure out IF there is serious ones to look forward to here. I have the link on statue of limitations for florida based on which charge you are up against (first degree felony, etc)

yes, there are very serious charges to be concerned with. Depending on all the circumstances, I saw first or second degree felonies. Then, as to SOL; they vary. At least on of the 2nd degree felonies was 5 years. The person being underage can affect the SOL. The first degree felonies don't have an SOL.

as to the "I didn't know"

794.021 Ignorance or belief as to victim’s age no defense.—When, in this chapter, the criminality of conduct depends upon the victim’s being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.

bottom line: you need a lawyer.

[confuseddad]

I knew about the "I didn't know". I know a lawyer is the way to go by all means when and if it gets to that point and my next question is... Do charges have to be pressed by the girl or her parents or does the state automatically push that?

[jk]

the state presses charges. All it takes is a person to report the crime and the state takes over from there. I'm surprised this wasn't charged long ago (like when she delivered). Since a child that age cannot consent to sex, I would have thought the hospital had a duty to report it to the authorities.

[aardvarc]

You're correct JK. The hospital in FL absolutely should have notified CPS/DCF of the pregnancy due to the age of the mother. Whether the family/mother would have cooperated at the time in a meaningful way to identify or locate the father...who knows...

[df04527]

wow - can't imagine why they didn't call them - possible the girl was scared or maybe didn't know who the dad was for sure? Not to take over this thread but a follow-on question. What if no one reports the crime and they are just looking for financial support? Will the state automatically intervene?

[Dogmatique]

Not automatically, no.

But Florida is perhaps the toughest state in the country when it comes to prosecuting underage sex crimes. They can, and will, prosecute two 16 year olds - let alone a 19 year old sleeping with a 13 year old.

[cyjeff]

The delay could be for a variety of reasons.... including that mom went on public assistance and had to identify dad and someone did the math.

One of the posters here has a son that has been in prison for over a decade for having consensual sex with his girlfriend.

This is a HUGE deal... and the SOL on the rape hasn't gotten close to running out. The DNA test on the child will be considered evidence to the rape.

You need to talk to an attorney on Tuesday....