If you have reason to believe that you may be charged with statutory rape for past behavior, then you are likely wondering: What is the statute of limitations for statutory rape. The answer is not as simple as a single number because it depends on the specifics of the case. Keep reading to learn more and then contact Chambers Law Firm for a consultation with an experienced criminal defense attorney.
The Statute of Limitations Depends on the Type of Charge
The main factor in determining the statute of limitations for a charge of statutory rape is whether the charge is a misdemeanor or a felony. In the case of a misdemeanor, the statute of limitations is one year. In the case of a felony, the statute of limitations is three years. If charges are not filed within these limits then charges cannot be filed.
There May Be Other Options for Prosecutors to Charge You
This does not necessarily mean that if one year or three years have passed you are 100% out of risk. The truth is that you could be charged with another type of sex crime, such as sexual acts with minors. This is because a relatively recent law in California has extended the statute of limitations for many sex crimes. For those affected, prosecutors can file no matter how much time has passed. Statutory rape is not one of those affected crimes.
The Definition of Statutory Rape
The crime of statutory rape is defined as having unlawful sex with a minor. It is considered illegal due to the fact that minors cannot legally consent to have sex. There is one exception: If the couple is married at the time of the intercourse.
The Type of Charge Depends on the Age Difference
Whether it is charged as a misdemeanor or a felony depends on the age difference between those involved. If the minor was less than three years younger than the alleged perpetrator, it is charged as a misdemeanor.
If the minor was more than three years younger then the prosecution has the ability to decide if it should be charged as a misdemeanor or felony. If the minor was under 16 and the accused was under the age of 21 then it is also a wobbler offense, meaning the prosecutor can decide how it should be charged.
Work with an Attorney Who Can Help if You Have Been Charged with Statutory Rape
If you have been accused of or charged with statutory rape, we strongly recommend you contact Chambers Law Firm at 714-760-4088 for a free legal consultation. Depending on the specifics of the case we may work to have the charges reduced or dismissed, or we may work to defend you in court. Call now and we can get started on your case.
