Statute Of Limitations

[lostinFl]

My question involves criminal law for the state of: Florida

What are the statue of limitations for statutory rape in Florida? I've read the law but don't quiet understand it. Does it begin when the "victim" is 18 or is it from the time of the supposed incident?

[Happy Trails]

My question involves criminal law for the state of: Florida

What are the statue of limitations for statutory rape in Florida? I've read the law but don't quiet understand it. Does it begin when the "victim" is 18 or is it from the time of the supposed incident?

Now you have me curious as to what you read...

If you read Florida's 775.15, which refers to limitations concerning filing criminal charges, (depending on the exact charge), the statute states, "commenced within X years after it is committed."

You may be confused with SOL for a civil lawsuit?

[lostinFl]

Now you have me curious as to what you read...

If you read Florida's 775.15, which refers to limitations concerning filing criminal charges, (depending on the exact charge), the statute states, "commenced within X years after it is committed."

You may be confused with SOL for a civil lawsuit?

From what I have read and please correct me if I'm wrong, Statutory Rape in Florida is a 2nd degree felony I believe. That being the case what is the statute of limitation to file charges. Is it X years from the time the "victim" is 18 or from the time of the act?

[Happy Trails]

From what I have read and please correct me if I'm wrong, Statutory Rape in Florida is a 2nd degree felony I believe. That being the case what is the statute of limitation to file charges. Is it X years from the time the "victim" is 18 or from the time of the act?

The section that applies is:

775.15 Time limitations; general time limitations; exceptions.--

(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

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Does that clear it up for you?

[lostinFl]

The section that applies is:

775.15 Time limitations; general time limitations; exceptions.--

(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

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Does that clear it up for you?

What if nothing is reported and the person now 18 doesn't wish to report any thing. Is there still a statute of limitation on what ever actions may have taken place?

[Happy Trails]

What if nothing is reported and the person now 18 doesn't wish to report any thing. Is there still a statute of limitation on what ever actions may have taken place?

Yes, SOL could still apply. There are some exceptions that can complicate the matter though.

See: Florida's SOL's for Sexual Abuse

[lostinFl]

Yes, SOL could still apply. There are some exceptions that can complicate the matter though.

Does this mean that there is a 4 year SOL on this sort of crime if no one comes forward, or does any one know if the law has been updated since the time this article was written to be 10 years?

[Happy Trails]

Does this mean that there is a 4 year SOL on this sort of crime if no one comes forward, or does any one know if the law has been updated since the time this article was written to be 10 years?

I read that there were some bills introduced in 2006, but I haven't been able to verify if the 10 year SOL was passed or not. (The Florida statutes online do not reflect that it was, but sometimes things available online are not always current.)

As you read, there are other factors that can come into play (DNA, discovery, leaving the dependency of the abuser...)

The best answer that I can give you is consult with an attorney where all the facts can be discussed, that really is the only way you will get an accurate answer.