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Why can you be charged for assault 10+ years after, but not rape?
it confuses me that after so many years someone could charge you with assault and sexual assault, but not rape after (x) amount of years. why is there deadlines to charge someone with some things and not others? TY
read it here, http://www.jsonline.com/news/milwaukee/97313064.ht...
turns out this man wife-napped and is being charged with assault and sexual assault after ~30 years later instead of statutory rape due to its dead line
3 Answers
- BruceLv 77 years agoFavorite Answer
As a general rule, the statute of limitations is longer as the crime gets more serious.
I've never heard of charging someone with assault 10 years later, and I have heard of someone being charged with rape several years later. Where did you get that information?
Source(s): Law enforcement since 1991 - ?Lv 67 years ago
When you say, someone, you are failing to realize that persons can prosecute for civil offenses and torts, but only the state (the state's attorney) can prosecute a criminal offense. Rape is a criminal/penal offense that can only be charged by the state. Assault and battery, of which rape is an instance, are common law offenses/torts an recovery for same lies within jurisdiction of the civil courts. That is why the seeming, but not actual disagreement of limitation statutes. You are perceiving a difference without a distinction whereas the mismatch of limitations you speak of constitutes a difference with a distinction. So, with due regard to the excellence of other responses, here's your definitive answer.
- Linda RLv 77 years ago
Most crimes have a 'statue of limitations'...except murder. Therefore, if it was 10+ years ago....there's NOTHING that can be done about it now - unless the 'person' is continuing the same bad behavior.