Statutory Rape, Statute of Limitations?


Two years ago this month (at the age of 15), I was involved in a situation where I had told the 19 year old I was with that I wanted to leave his friends house and go home. He saw where my mom had told me that I didn't have to be home for another hour. He pulled the car over and proceeded to get me into the back seat. I told him "no" multiple times, and gave up. I never "consented" to having sex with him.. and blocked it all out of my mind until someone asked me about it at school. I'm not sure if there is anythng that can be done about this, even though I've just now fully realized what happened and what I could do about it. I'm not sure if that's really classified as rape, but it should at least be statutory rape. I need some advice about the statute of limitations, and the degree of the problem.

What you describe in your question is not statutory rape but forcible rape. This should be reported to authorities as soon as possible even though it happened a long time ago. If you would like to speak to a sexual assault counselor about this please call 1 800-656-HOPE it’s free, confidential and available 24/7 or visit them on the web at

Only a district attorney could determine what legal limitations, if any, might apply to your situation.

Criminal Prosecutions
Citation: Ann. Code §§ 40-2-101; 40-2-102

The statute of limitations for certain offenses against a child on or after July 1st, 1997, extends until the child’s 21st birthday. The offenses included are:

  • Aggravated rape
  • Rape
  • Aggravated sexual battery
  • Sexual battery
  • Rape of a child
  • Incest

Generally, the following statutes of limitations apply:

  • For class A felonies, it is a period within 15 years after commission of the offense.
  • For a class B felony, it is a period within 8 years after commission of the offense.
  • For a class C or class D felony, it is a period within 4 years after commission of the offense.
  • For a class E felony, it is a period within 2 years after commission of the offense.
  • For a misdemeanor, it is a period within 12 months after commission of the offense.
Civil Actions
Citation: Ann. Code § 28-1-106

The statute of limitations will not begin for a minor entitled to file a claim until he or she reaches 18 years of age, and it will run for a period within the applicable limitations period for the particular cause of action, unless it exceeds 3 years, and in that case for a period within 3 years from the removal of such disability.