Statutory Rape/Incest

[LSchmid]

What is the name of your state? WI

My neice, through marriage, has recently claimed that she was raped by her uncle (not my relation) when she was 13. She has just turned 15. I spoke with my sister-in-law about this questioning what was going to be done and she stated that "nothing" could be done as it was too late.

I'm questioning this statement as I understand rape laws to be a 6-year statute of limitations, not less than two.

Is she correct or am I? Is there any other reason that the individual would not face criminal charges?

 

[BelizeBreeze]

What is the name of your state? WI

My neice, through marriage, has recently claimed that she was raped by her uncle (not my relation) when she was 13. She has just turned 15. I spoke with my sister-in-law about this questioning what was going to be done and she stated that "nothing" could be done as it was too late.

I'm questioning this statement as I understand rape laws to be a 6-year statute of limitations, not less than two.

Is she correct or am I? Is there any other reason that the individual would not face criminal charges?

The statute of limitations for a felony in Wisconsin is six years.

There is no such 'statutory rape' statue in the state of Wisconsin. Instead, the following applies:

Second Degree Sexual Assault of a Child
* The defendant had sexual intercourse or sexual contact with a person
* That person was under the age of 16 years at the time of the alleged sexual intercourse or sexual contact

and your sister-in-law may be hedging her bets based on the following:

Sexual Assault of a Child: Failure to Act to Prevent Sexual Intercourse or Sexual Contact

* The defendant is a person responsible for the welfare of a child
* The victim was under 16 years of age at the time of the alleged offense
* Another person intended to, was having, or had sexual intercourse or contact with the victim
* The defendant had knowledge that said person intended to have, was having, or had sexual intercourse or contact with the victim
* The defendant was physically and emotionally capable of taking action which would have prevented the sexual intercourse or contact from taking place or being repeated
* The defendant failed to take action that would have prevented the sexual intercourse or sexual contact from taking place or being repeated
* The defendant's alleged failure to act exposed the child to an unreasonable risk that the sexual intercourse or sexual contact may occur, or facilitated the sexual intercourse or contact that occurred between the victim and another person

BOTH charges carry with them a maximum penalty in Wisconsin of 40 years in prison and a $100,000.00 fine