The Statute Of Limitations On Statutory Rape  

The statute of limitation is the time limit set by the law on the police and the prosecutors to file the charges in a crime. This conditionality was introduced for speedy justice and making sure that the perpetrator does not suffer from the lingering past deeds and moves on to the future having reformed oneself.

However, there are certain crimes, such as murder and treason, that do not fall under this provision of time limit. But, victims’ rights groups are opposed to this exception and argue that the time limitation should be applicable to all crimes.

In the case of statutory rape, the statute of limitations differs from one state to the next. The deciding factor is whether the act is deemed as misconduct or misbehavior which in legal term is defined as misdemeanor or a criminal act termed as felony. The criterion employed to differentiate an act of felony from misdemeanor is the age difference between the parties to the act. In California, when the age difference between the 2 parties involved is less than 3 years, then it is treated as misdemeanor and the statute of limitations is 1 year. Whereas, if the age difference is more than 3 years, it is considered as felony and the statute of limitation goes up to 3 years.

In Florida, a person of the age of sixteen or seventeen does not fall under the ambit of statutory rape if the person had the disabilities of non-age removed under Chapter 743. When one is legally underage, then he or she comes under the period of non-age. The provisions of Florida state’s statutes sections 743.01 and 743.015 remove the disabilities of non-age for a minor who is married or if the guardian petitions when the minor is sixteen years or more. But the disabilities of non-age ceases for all persons with the age of 18. In special cases, like blood donation or signing a contract exempts the disabilities of non-age in the case of a minor.

The Florida statue 794.05 spells out that a victim’s past sexual conduct does not have a bearing in prosecution. It means the accused cannot absolve the guilt of sexual crime citing the victim’s past sexual conduct.

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The Statute Of Limitations On Statutory Rape

What-Is-The-Punishment-For-Statutory-Rape      The sexual relation between the parties below the age of consent is called as statutory rape. Consensual sex below the age of consent is illegal. It is a violation of the law. The laws governing statutory rape vary from state to state, with the age of consent differing in different states. There are also different names for this crime. More..




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