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Statute of Limitations on Statutory Rape - NY

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O

otbrink

Guest
I live in NY. I have a relative that had an accussation of them having sex with a minor 7 years ago. Nothing ever came of the accussation as it proved to be fruitless. My relative is contemplating running for office and has heard rumblings of this coming back up to haunt them. What is the statute in NY, and can this come back to bite them?
 


CdwJava

Senior Member
Of course it can camoe back to haunt him! SOL or not, you can bet THAT skeleton will find the door to the closet!

And depending on the circumstances and ages, the SOL may not have tolled yet. Sex crimes tend to have a very long shelf life these days.

Carl
 
T

terry286

Guest
otbrink said:
I live in NY. I have a relative that had an accussation of them having sex with a minor 7 years ago. Nothing ever came of the accussation as it proved to be fruitless. My relative is contemplating running for office and has heard rumblings of this coming back up to haunt them. What is the statute in NY, and can this come back to bite them?
Im no lawer but i do know some crimnal law,and i dont know about laws in NY,but in KY the minor parents has 5 years after finding out to press charges, if the court feels if the minor has been to traumatized by the rape they can wait untile they are able or wait untile the minor comes of age and after turning 18 he or she has 5 years to press charges. and in alot of states there is no limitation of time on a felony.
 

divgradcurl

Senior Member
In NY, the victim has 5 years from the time he or she turned 18 to file the charges. Further, if the perpetrator left the state after the crime, the limitations clock does not run until he or she returns to the state, of 5 years, whichever is shorter.

So, if the victim was 16 when the crime happened, then the effective statute of limitations is 7 years; if the perpetrator left the state anytime in those 7 years, then the statute of limitations could effectively be as long at 12 years.

New York Consolidated Laws, Criminal Procedure, Section 30.10
 
O

otbrink

Guest
Thank you divgradcurl

The information that you gave is very helpful. As much as he deplores the allegation itself, he is more upset at the likelihood that charges can be metted out against him. This will help as he considers whether or not he would like this to stop him from seeking public office or not.
 

JETX

Senior Member
Div is correct.

Your post only discusses the 'accusation' being made and makes no mention of his arrest or charges. If this was only an accusation, it is unlikely that anyone would know of it (besides the officers involved).

However, if he was arrested and/or charged, then a (public) record exists which would VERY likely be found and disclosed by a political opponent. If arrested and no charges, then he could request that the arrest record be sealed. If charged and later dismissed, then he could request that the charge be expunged.
 

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