Florida Statute Of Limitations For Statutory Rape

[Safegirls]

My question involves civil rights in the State of: "Florida Statute Of Limitations for Statutory Rape"


If a child was raped, and he or she did not report this evil crime as a child for whatever reason(s), but he or she would like to report this crime now as an adult, can they?

If yes, what is the legal steps towards filing a report?

If no, why not?

Also, if there is a "Florida Statute Of Limitations for Statutory Rape", how can this law become changed; therefore, there is no "Florida Statute Of Limitations for Statutory Rape" in the case for children or adults?

Thanks
Safegirls

[panther10758]

How old is the adult now? How old was the child at time of rape? If you want laws changed write your State's represenitive

[aardvarc]

The criminal statute of limitations that applies is the one that was in place at the time of the crime itself (that's why the answer depends on the age of the victim) as well as the age of the victim at the time (younger victims often enjoy a longer the statute of limitations). The answer won't be the same for everyone because laws change over time, and if the limitation ran out before a NEW one came into law, it can NOT be reactivated.

As it stands TODAY, If the minor in question was 16 or 17, FS 794.05 applies, making the crime a second degree felony. That means you'd have 4 years from the date of the incident (but as noted above, the laws change, and there are bills in the works to extend it to ten years).

If the victim in question was UNDER 16 years of age, then the crime could be charged under Chapter 827 (Abuse of Children) or under Chapter 794.011 - Sexual Battery, or parts of both, obviously depending on the circumstances. There are also possibilities of stronger or additional charges depending on the relationship between the victim and the offender or the offender's status at the time.

Keep in mind that Florida has an extremely large number of complicated exceptions to it's limitation rules, so if you feel you've been the victim of a crime, your best bet is to report it, and let the DA's office figure out if the criminal charge is still in play or not.

[Safegirls]

Thanks everyone!

The age for the child was age 9, and the time period were between 1969-1970.

[aardvarc]

Statutory rape is when an otherwise consenting individual isn't recognized as consenting due to their age. This usually applies from about age 12 on in most states (and definitely by statute in Florida). Sexual acts on or with a child of 9 is going to be looked at as an attack - at the very least lewd acts upon a minor, and up to the first degree felony of sexual battery on a minor under the age of 12, depending on exactly what happened (don't need to give us the details here). You could spend a GOOD amount of time pulling your hair out in a law library trying to go back to '69-70....or, you could contact your local sheriff's office or police department, ask if they have a victim advocate, and let them help guide you through the reporting process. If they don't have an advocate on staff, contact your local rape crisis center - they will have folks who can sit down with you, explain the process, what to expect, time frames, etc., and can provide the emotional support you'll need.

You can find your local, confidential, center at:http://www.aardvarc.org/rape/states/flrp.shtml


Even if you decide NOT to follow through with filing a criminal complaint, DO get some support!

You might also find the folks at Pandora's Aquarium, an online support group, helpful:

http://www.pandys.org

[Safegirls]

Thanks, this is a very helpful forum...