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  1. #1
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    Mar 2018
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    Question How Long After the Offense Can You Still be Prosecuted for Statutory Rape

    My question involves criminal law for the state of: Virginia

    My husband was with a 14 year old in 1979. He was in his 20's. She got pregnant and a few years later, took him to court for child support. Life has gone on and the child grew up and visits once in awhile. A few weeks ago his granddaughter accused him of sexual assault which after being interviewed by the sheriff's office he admitted that he did fondle her. Well, the girls mother didn't want to stop there (I guess she's afraid he won't get enough time over it.) So, she took it upon herself to bring up the fact that he raped his then sister-in-law who was 14 at the time. It wasn't forcible, but they say it is because of her age. She never pressed charges against him and still doesn't want to. She wants this to stay buried, but the mother of the grandchild wants to pursue it. My question is, can they do anything with that since it's been so long ago and the victim doesn't want to press charges. Can they still pursue him on rape charges since there is no statute of limitations in the state of Virginia?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: 38 Year Old Rape. Need Help on This One

    Can they still pursue him on rape charges since there is no statute of limitations in the state of Virginia?
    You already know the answer. There is no SOL on rape in VA. So, yes, the authorities can still prosecute your husband for it.

    Virginia Code 18.2-63 Carnal knowledge of a child between the ages of 13 and 15 is a Class 4 felony.

    https://www.rainn.org/pdf-files-and-...iaStatutes.pdf

    Virginia Code 18.2-10 Penalty is 2 to 10 years in prison and a fine of up to 100,000.

    https://law.lis.virginia.gov/vacode/...ection18.2-10/

    She never pressed charges against him and still doesn't want to.
    Victims don't "press charges" the authorities do, even when a victim doesn't want to. That's how crimes that should be punished don't go unpunished, especially child molestation, the most heinous.

    after being interviewed by the sheriff's office he admitted that he did fondle her
    He was an idiot to admit anything.

    It's been 51 years since the Miranda decision. Everybody with a TV set has heard countless times "You have the right to remain silent, etc."

    I suggest that your husband keep his mouth shut and hire a very good criminal defense attorney, no matter what it costs and the two of you stop talking to the family members who want to put your husband away.

  3. #3
    Join Date
    Sep 2010
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    Default Re: 38 Year Old Rape. Need Help on This One

    At least his admission of fondling is a far lesser charge than the rape charge. He should indeed keep his mouth shut. A 38 year old UNREPORTED rape case isn't likely to get prosecution (though the allegations ceratinly are not going to bode in his favor at the sentencing on the charge he did admit to). Of course, if he continues to shoot his mouth off, he may well talk himself into a prosecution and conviction.

  4. #4
    Join Date
    Oct 2014
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    Default Re: 38 Year Old Rape. Need Help on This One

    Quote Quoting flyingron
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    A 38 year old UNREPORTED rape case isn't likely to get prosecution (though the allegations ceratinly are not going to bode in his favor at the sentencing on the charge he did admit to).
    The problem with prosecuting most rape 38 years later is evidence, or rather lack of it, other than the victim’s testimony which often can be cast into doubt by the defense. Here, however, if he got her pregnant at age 14 the very existence of the child would be pretty conclusive proof of a statutory rape crime. In order to know if prosecution was still possible, one would need to look at the law in Virginia as it was at time of the offense and work through how that would apply to a prosecution done on the matter today. In short, there is no good way to reliably predict how the prosecutor might proceed. Having the evidence of the pregnancy at age 14, however, would make prosecution more likely than other very old rape offense claims.

  5. #5
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    Sep 2010
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    Default Re: 38 Year Old Rape. Need Help on This One

    Good point, I'd missed the statutory rape aspect of this. I'm pretty sure that the historical law is against him on that one. I only have ten years of the Virginia Code here, but perusing some of the snippets in contemporaneous court decisions shows that the rape statutes see to be by and large unmodified over the intervening years.

  6. #6
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    Default Re: 38 Year Old Rape. Need Help on This One

    I don't know if the fondling case would be admissible in a rape trial but it could at least be something that could convince the prosecutor to work harder at getting this predator the punishment he deserves.

  7. #7
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    Sep 2010
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    Default Re: 38 Year Old Rape. Need Help on This One

    The prior rape allegation wouldn't be admissible in the guilt phase, but during the sentencing, it is admissible to bring up issues of the defendant's character to include such prior offenses.

  8. #8
    Join Date
    Oct 2014
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    Default Re: 38 Year Old Rape. Need Help on This One

    Quote Quoting adjusterjack
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    I don't know if the fondling case would be admissible in a rape trial but it could at least be something that could convince the prosecutor to work harder at getting this predator the punishment he deserves.
    If the prosecutor could get the rape case filed before trying the fondling case it might be possible to try them together, if they occurred in the same jurisdiction. Other than than that, the evidence of the fondling matter would not be admissible in the statutory rape case but, as flyingron noted, a conviction on the fondling case certainly would impact the sentencing in the later rape case.

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