Posted on August 27, 2010.
In the state of California how long can we wait before pressing charges of statutory rapea I had my baby when I was 15, she was concieved of rape, I live in California and I never complained because of the lack of support, commitment and many other complications, now that its almost 2 years after the fact, can I press charges of rapea I mean, I conceived a child that used to prove ita and im still a minor ... What can I doa
It is not called "rape" in California, it is called unlawful sexual intercourse. (Pen C sec. 261.5.) Periods of limitations on rape forced does not apply to this offense. It is true that if the other person was less than three years older at the time, it is a misdemeanor and the statute of limitations has probably passed. Otherwise, he could be charged as a crime, and the case is still within the limitation period, which is probably three years.
Individuals do not "bring charges", but you can report it to police or prosecutors. However, I think your more immediate concern is to ensure that the father is identified and pays child support.
If it was more than 3 years older than you, I think the charges can still be submitted.
"For example, in California the statute of limitations on statutory rape a crime is one year and is charged when the two people involved are less than three years apart in age when the crime if both people are more three-year interval when the crime load becomes a crime and the law limits the increase to three years. "
I think it is 5 years, but it is "after identifying the crime."
So if you are the plaintive, it could be five years after your 18th birthday, as you turn into a legal adult at 18.
If you want to complain now, I think the court will assign a lawyer.
I assume you mean you want to have the father accused in a criminal case, not a civil suit for damages. You mean that criminal prosecutions by the state, yes, you can file a complaint with the District Attorney in your department or the county where the crime took place. Here's what they say at:
"Criminal prosecution for sexual abuse
In criminal cases, the prosecutor may file a charge of aggravated rape, at any time, without limitation (in California, rape is an aggravated rape involving a weapon, more than one person, or seriously injures the victim). Charge for "normal" sexual assault has a limitation period of six years. However, there is an exception for DNA analysis. Since this is a relatively new technology, if a DNA test can prove with certainty the identity of a rapist, the prosecution can take place in the year of discovery. "