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Statue of limitations California stachatory rape

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1

1234dsavfr

Guest
What is the name of your state?What is the name of your state? California

A 22 year old female having sexual relations/romantic relationship with a 17 year old female in 1997.

Could the 17 year old's parents/family go after the 22 year old now, in 2004 for stachatory rape?

Is it considered stachatory rape between two consenting females?

Timeline would look like this:
Female A is 17 in 1997, Female B is 22, then turns 23.
Female A is 18 in 1998, female B is 24.
Female A is 18 and female B is 24 in 1999 at the time when relationship ends.

In 2004 Female A is 24 and Female B is turning 30.

Thanks-
 


CdwJava

Senior Member
I doubt any court in CA would touch the matter at this point ... plus, I believe the SOL has tolled. Unless there is much more to the tale, then I doubt that anything will come of it.

Carl
 
1

1234dsavfr

Guest
That's what I thought but

I was reading that the SOL in CA is 6 years, but then I read in other places it is 7 or 10..and depending on when the event took place, the amount of years change... Perhaps I am getting confused as to how the SOL applies to different events. So you are saying that the SOL for this type of event is 6 years, is that correct?

Female B was married during the time the relationship was in effect.
Yes spouse of Female B knew, no spouse was not sexually involved with Female A. Does this make a difference?
 

CdwJava

Senior Member
The spouse is irrelevant. What would matter is the nature of the acts that occurred and the ages involved. From what little you have posted I cannot see anyone going way out of their way to seek charges or prosecute. But, if the suspect had pissed someone off real bad, it might be possible to bring this up and make a charge stick.

I doubt it. But it might be possible. Again - depending upon the facts.

Carl
 
1

1234dsavfr

Guest
That's about it

I do not know what else would help. I know that the parents of the younger female were very unhappy about the relationship between their daughter and the older female, not because of her age but because it was same sex, and they ended it for her, I think by returning all gifts the older female had given to her and driving her away in their car after the truth came out and the two had an argument. They never threatened the older female in any way, nothing was ever said. They just ceased to have a relationship of any kind from 1999 on. There was never any violence between the two, or personal property damage or anything else. I don't think I'd have to get graphic on what type of relationship they had other than to say it was sexual.. I am not sure about pissing anyone off other than the parents

I was just wanting to know the correct SOL for Ca on this type of case.
 

CdwJava

Senior Member
It depends on the specific crime that might be alleged. There are too many variables ... objects, digits, devices, etc.

Without getting graphic, suffice it to say that the SOL may not have tolled on some of the offenses, but probably has on others. But, I cannot imagine anyone pursuing this so long after the fact with the age of the 'victim' at the time ... so long as the act was consensual.

And if you are that worried about it, consult an attorney or don't come to CA.

Carl
 
1

1234dsavfr

Guest
Does anyone else have an opinion on this?

I, myself personally am not worried about it.
Thanks for your opinion at any rate.

Does anyone else have an opinion on this one?
Please speak up if you do.

Can anyone give me a direct answer as to what the SOL statue of limitations are in the state of CA on stachatory rape charges between a minor female and adult female? How many years please. Alternatley, can someone point me to the code numbers and or the place to read about this?

Thanks-
 

CdwJava

Senior Member
Okay ... the reason I keep saying that there is no way to definitively answer the question without knowing what is involved is because our "statutory rape" law (PC 261,5 - unlawful sexual intercourse) requires sexual intercourse - which is generally defined as penal penetration ... two women cannot have that.

Therefore, you are looking for a statute of limitations which very likely does not apply.

Other forms of penetration and acts are defined in a number of other places. So to get a definitive answer you would really need to go in to an attorney that you could confide in about all the activity the two of you were engaged in.

Carl
 

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