Statute of Limitations, EXPIRED! In FL.

I just wanted to post the horrible news I received yesterday, after 6 months of waiting for a response from the officer handling a statutory rape complaint I filed against Jane. I was told the Statute of Limitations had ran out! It was 3 yrs after my 16th birthday. I'm shocked, total disbelief. How could they let this happen?

I mean, I no longer lived in that county I was unable to file charges against her nor prepare a defense for myself in the civil case of establishing paternity because I was a minor. State of Florida and Dept of Revenue, had known my age and when she filed for child support in 96, she openly admitted that I was the father of the child and that she had raped me when I was 14 yrs old, a minor.

Also the Judge handling the case and Jane's attorney, who I sent both a written response to and spoken with on the phone, knew of the situation and no one would provide help any help. Because they said it was a different matter. In Florida statutes it reads:
***
794.027 Duty to report sexual battery; penalties.
(2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer;
(3) Fails to seek such assistance;
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
***

If rape was a statute and I was a minor at the time, the State of Florida had a obligation to file on my behalf because I was a minor and they knew the facts, EVEN if I wasn't willing to press charges against Jane, did they not?

Sincerely,
Larry

[Edited by larryf5 on 07-03-2001 at 01:35 AM]

UPDATE I received the officer's offense report...

UPDATE

The Officer's offense report arrived in the mail today and it stated the crime was attempted to be filed as a charge of "LEWD AND LASCIVIOUS ACT" . But the Statute of Limitations had expired on this Second degree felony.

The officer interviewed Jane the offender. She admitted to committing rape when I was a minor. And she sworn that I was the father of her child.

Though the officer failed to include in the interrogation, my statement I wrote: "Jane had served me alcohol... and I was unaware of what she had done."

This is too serious to be a charge of "LEWD AND LASCIVIOUS ACT" isn't it?

I looked through the Florida Statutes on the web and found in section 794.011 (4) A person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree.

The Statute of Limitations on a first degree felony is 4 years. In Sex crimes, after the victim's 16th birthday it begins, right? So it should still be prosecutable until Nov. 17th, my birthday.

Did the officer and/or State attorney handling this case, avoid the facts and dismiss it as a lesser charge to deny me justice?

I've spoken with Legal Aid and I'm in the process of seeking a lawyer for consultation, none of which has resulted in any answers to my questions. Please could anyone provide their thoughts on this?

Thank you.
Larry