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  1. #1
    Join Date
    Sep 2006
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    3

    Default Statue of limitations for statutory rape

    I'm 35 years old and I have a daughter that is almost 14 that I have custody of since 2001.Her mother just tried to get custody back last month and failed.The whole time I have had custody I never received child support because my daughters mom was and still is on disability.I found out she was receiving money for our daughter so I went to social security and now I get the $122 a month.Well they are now starting an investagation on her for not telling them I had custody since 2001.Well back in 1992 when she got pregnant she was 15 and I was 21.So now she didn't get my daughter back and she lost her money she is mad and said she was going to have me arrested for statutory rape for something that happened in 1992!Can she do this or are the statue of limitations take over here? We live in Ohio.Thanks for any help!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Ohio Criminal Statute of Limitations

    The Ohio criminal statute of limitations provides:
    Quote Quoting § 2901.13. Limitation of criminal prosecutions."
    (A)
    (1) Except as provided in division (A)(2) or (3) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
    (a) For a felony, six years;

    (b) For a misdemeanor other than a minor misdemeanor, two years;

    (c) For a minor misdemeanor, six months.
    (2) There is no period of limitation for the prosecution of a violation of section 2903.01 or 2903.02 of the Revised Code.

    (3) Except as otherwise provided in divisions (B) to (H) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within twenty years after the offense is committed:
    (a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a violation of section 2903.11 or 2903.12 of the Revised Code if the victim is a peace officer, a violation of section 2903.13 of the Revised Code that is a felony, or a violation of former section 2907.12 of the Revised Code;

    (b) A conspiracy to commit, attempt to commit, or complicity in committing a violation set forth in division (A)(3)(a) of this section.
    (B) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by the aggrieved person's legal representative who is not a party to the offense.

    (C) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense involving misconduct in office by a public servant as defined in section 2921.01 of the Revised Code, at any time while the accused remains a public servant, or within two years thereafter.

    (D) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused's accountability for it terminates, whichever occurs first.

    (E) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.

    (F) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

    (G) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this state or concealed the accused's identity or whereabouts is prima-facie evidence of the accused's purpose to avoid prosecution.

    (H) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information, or process which commenced the prosecution is quashed or the proceedings thereon are set aside or reversed on appeal.

    (I) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not begin to run until either of the following occurs:
    (1) The victim of the offense reaches the age of majority.

    (2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.
    (J) As used in this section, "peace officer" has the same meaning as in section 2935.01 of the Revised Code.

  3. #3
    Join Date
    Sep 2006
    Posts
    3

    Default Re: Statue of limitations for statutory rape

    Thanks for that but what code would my situation fall under?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statue of limitations for statutory rape

    If you wish to figure out all possible charges, research the Ohio criminal code (Title XXIX Crimes - Procedure) here.

  5. #5
    Join Date
    Sep 2006
    Posts
    3

    Default Re: Statue of limitations for statutory rape

    do you think they would prosecute me on something like after all this time given my situation?

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Statue of limitations for statutory rape

    I very much doubt it.

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