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  1. #1
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    May 2011
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    Default Statutes of Limitations for Statutory Rape

    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.

  2. #2
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    Jan 2006
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    Default Re: Statutes of Limitations for Statutory Rape

    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.

  3. #3
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    May 2011
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    Default Re: Statutes of Limitations for Statutory Rape

    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)

  4. #4
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    Default Re: Statutes of Limitations for Statutory Rape

    Quote Quoting confuseddad
    View Post
    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.

  5. #5
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    May 2011
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    Default Re: Statutes of Limitations for Statutory Rape

    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?

  6. #6
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    Default Re: Statutes of Limitations for Statutory Rape

    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.

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