Statute of Limitations/Rape

[BAWLV67]

Boy is at a party everyone gets drunk boy has sex with girl, girl calls the cops and says she didn't consent and wasn't coherent. Boy leaves his wallet at the party and goes back the next day to get it. Girl isn't there and roommates say they haven't seen the wallet. Later that day cops show up at boys house with his wallet and say the girl said she was raped and want him to take a DNA and polygraph. Boy declines, wants to avoid the issue, and moves out of state. A few months later Boy hires attorney to check out case and attorney finds out the DA decided not to pursue because everyone was drunk at party, everyone was over 18, etc. This happened about 12 years ago. Boy has mostly lived out of the state since except for about 6 months or so when he moved back to the state. Boy wants to move back to the state but doesn't want this situation to come up and the DA to decide to pursue charges. Boy looked at the Statute of Limitations for the state and it says the Statute of Limitations doesn't run while the person is living out of state. Does this sound right or is Boy wrong on how the Statute of Limitations works and after so long do you think a DA would even open a case like this back up? Thanks.

 

[FlyingRon]

It would help to know what state this is, but yes, many states toll the statute of limitations while you are out of state.

 

[CdwJava]

It is very likely that if they had a case, they would have pursued it and sought an arrest warrant. Might they re-open it again if he shows up? Maybe. But if it is an entirely the word of one party against another, it is doubtful the state will be pursuing it after so long. Possible, but not likely.

 

[cbg]

This sounds vaguely like a John Grisham novel.