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I am facing a rape accusation from 4 years ago, what is the best course of action? (Florida)

Fort Myers, FL |

Hello, I am a 23 year old male in college facing a rape accusation from an ex-girlfriend(also 23). She alleges that 4 years ago I raped her(in the middle of a 1.5 yr relationship). So far I have not been charged or arrested but officers continue to contact me asking to talk

From what I have read the statute of limitations for sexual abuse in Florida should nullify her claim, so why are they continuing to pursue this investigation? In addition to this, I have some evidence(dorms are fitted with "rape alarms" that she did not utilize during our relationship) and witnesses who were around us at the time who would corroborate my end of the story. Is it worth it to make a written statement to the police and kill this early?I have no money for legal advice so attorneys are out of the question

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Attorney answers 4


Regardless of whether you think the statute of limitations has run, do not talk to the cops or make any statements to them prior to consulting with an attorney or without having an attorney present. There are many guys in prison now because they thought they could make the cops go away by "talking to them.


If you are in college you should be smart enough to know how serious this accusation is. Hire an attorney immediately and follow his advise. Do not speak with the police unless your own attorney advises otherwise.

David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


You are correct that the statute of limitations for sexual battery is 3 years. However, you don't know what statute the police are considering charging, which may have a longer statute of limitations. You also don't know exactly what date the allegations stem from and whether that date falls within the statute of limitations or not. It is never a good idea to speak with the police- it almost never results in the police believing your side of the story. Most people know the phrase "you have a right to remain silent, anything you say can and will be used against you." However, I saw a t-shirt the other day that is a little more accurate "you have the right to remain silent, anything you say will be misquoted and used against you." Do not assume that because you don't think you could possibly say something that might hurt your case, that the police or prosecutor agree with your assessment of your comments.

David Richard Damore

David Richard Damore


I think the statute of limitations in this matter is four years not three


Depending on how you are charged will determine the statute of limitations. An example, if you are charged with sexual battery, a second degree felony in this state, the statute of limitations is going to be much longer than the four years you have alluded to. The fact that you were in a relationship with the victim is not an affirmative defense to the allegation of rape. Even married persons can allege rape. However, it is a good legal defense to show possible consent issue. I highly recommend that you do not speak with law enforcement without consulting an attorney first. You have a right to an attorney even if you cannot afford one the court will appoint one to represent you if you are formally charged.

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