Yes, the District Attorney could still file charges. The first step is to make a police report.
Penal Code §288(a), lewd acts with a child under 14, is one of the most serious charges under California law. It is even more serious if force was used.
"Statutory rape" is a slang term for unlawful sex with a minor who is 14 or older. It doesn't apply to cases where the victim is under 14, or where the sex act was forcible.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
Make a police report if you wish. This is far more serious than "statutory rape." What prompted this? Me too??
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
As long as certain requirements are met, criminal charges may be filed within one year of the first report to law enforcement. even though ten years have passed. (See Penal Code section 803, subdivision (f).)
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