What is the statute of limitations for someone who commits statutory rape? The defendant is 20 yo and the victim is 15 yo. I read that the statute of limitations for such a crime is 3 years after the victim turns 18 but I also read somewhere that even though there's a time frame for it, that it is not so straight forward and that there are instance where it can be longer. Please clarify this for me. Thank you all in advance!
See Florida Statute 775.15(13)(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.
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Counsel has explained the operation of the Florida statute of limitations for such a crime very well.
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I agree with Mr. Fuerstien. If the victim is under the age of 18 the period of limitation does not start to run until the victim turns 18 or the crime is reported to police.
I hope this answers your question.
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