Statute of limitations on statutory rape...

[verdigoblu]

What is the name of your state? NJ

Recently a very good friend of mine was accused of sexual assault, he had a restraining order filed against him, and now there is a threat of formal charges of sexual assault and statutory rape... But this was all with a girl two years ago. He is a very good friend of mine, and doesnt deserve these false accusations.... Does anyone know the statute of limitations on statutory rape in the state of new jersey? If anyone can email me and let me know, it would be a very very big help to me and my totally innocent friend... Thank you!!

 

[stephenk]

your friend never had sex with the other person?

 

[Mike101]

Should be about 7 years.

 

[OSNNG2L]

What is the name of your state? NJ

Recently a very good friend of mine was accused of sexual assault, he had a restraining order filed against him, and now there is a threat of formal charges of sexual assault and statutory rape... But this was all with a girl two years ago. He is a very good friend of mine, and doesnt deserve these false accusations.... Does anyone know the statute of limitations on statutory rape in the state of new jersey? If anyone can email me and let me know, it would be a very very big help to me and my totally innocent friend... Thank you!!

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Off hand if the person who was claimed to be raped didn't get DNA tests done to prove that she was sexually assaulted then its going to be pretty hard to prove such accusations.

Are there any witnesses that could vouch for your friend???

Is there any evidence to use to prove such an accusation???

Is there anyone that knows this girl personally that knows the truth about her and whether or not this girl has some serious problems???

Did he have sex with her at the time of the accusation???

Was it forced aggressively? Cause if so then there should have been marks reported and pictures taken of them by her???

If he had sex with her, at anytime did she say NO???

If they had sex together and the time of the claimed incident was there anyone in words distance that if she were to scream for help would have heard her that anyone knows of and would stand witness to on stating they never heard her scream for help???

---I mean there are a lot of questions to be asked and its all a matter of what kind of evidence is presented to the questions I just asked and more. I would say that if I were him I would file a counter petition for a restraining order and live his normal life like he has been, staying away from her or any friends of hers, and gathering the evidence needed to present in court when and IF that time comes. Any witnesses, documents, recordings, pictures, or what ever else could be used is helpful...

That is the best advice I can give...Sorry...

Good Luck Though!

 

[verdigoblu]

Ok, yes he did have sex with her at the alleged time, and he admitted it to the cops. But she didnt say anything to anyone about it being forcible then, shes just coming up with the story now.... There are plenty of people that can vouch for my friend, myself included, saying that he is not a forcible person. And there are also plenty of people that can say that the girl is not exactly right in the head.... I kinda figured that there wouldnt be enough evidence for the sexual assault, but what we are really worried about it the statutory rape... Because they did have sex, but only twice. And he admitted it to the police. But I just wanted to know the statute of limitations... Thanks for the advice!

 

[OSNNG2L]

Ok, yes he did have sex with her at the alleged time, and he admitted it to the cops. But she didnt say anything to anyone about it being forcible then, shes just coming up with the story now.... There are plenty of people that can vouch for my friend, myself included, saying that he is not a forcible person. And there are also plenty of people that can say that the girl is not exactly right in the head.... I kinda figured that there wouldnt be enough evidence for the sexual assault, but what we are really worried about it the statutory rape... Because they did have sex, but only twice. And he admitted it to the police. But I just wanted to know the statute of limitations... Thanks for the advice!

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Its dependant upon what their age is as well which might debate what the likely outcome is for a charge of that degree, but standard statute of limitations for such a charge is:

N.J. Stat. Ann.
§ 2A:61B-1 §2A:61B-1(b) provides that actions can be commenced within two years of the date of the "reasonable discovery" of the "injury and its causal relationship to the act of sexual abuse." See, e.g. See, e.g. J.L. v J.F., 722 A.2d 558, 317 N.J. Super. 418 (1999), a case that did not involve repressed memory. The Appellate Division of the Superior Court stressed that the under the statute, reasonable discovery occurred when the victim discovered the abuse and the connection to her injuries. The Court also ruled that the victim was entitled to a plenary hearing on the issue of whether she was entitled to toll the statute of limitations based upon her mental incapacity under § 2A:61B-1(c). See also Jones v. Jones, 242 N.J. Super. 195, 576 A.2d 316; cert. denied 122 N.J. 418, 585 A.2d 412 (1990) (applying disability tolling provision to repressed memory due to child sexual abuse).

---Which charges can be commenced within two yrs of the incident being reported as far as I am understanding this...So if something isn't commenced within the 2 yrs from the date of the report that the case can be dismissed by statute of limitations...As pertaining to sexual assault, rape, sexual or abuse, or any related nature...

If you are unsure, try calling an attorney in your area who offers a free phone consultation and ask them what the chances are of your friend being charged...But other than that I am reading it at 2 yrs from date of report.

Hope that helped...?