My friend was raped two years ago, and ended up pregnant and gave up the baby in a closed adoption. At the time she and the father were in a relationship. She was two months away from being 16 and he had just turned 18. She never went to hospital and had DNA testing done. They had never had consensual sex, the one and only time that they had ever had sexual contact was when she was raped. He is now serving time for an unrelated crime, but is there anything that can be done?
The crime must first be reported to police or District Attorney before any criminal legal action can be taken.
Citation: Penal Code ยงยง 799; 800; 801; 803(f)(1) & (g)(1)
The statute of limitations for certain offenses is a period within 1 year after a victim under 18 years of age reports to a responsible adult or agency that he or she is a victim of an offense listed below:
- Rape
- Sodomy
- Continuous sexual abuse of a child
The statute of limitations for the abovementioned offenses is a period within 1 year after a victim (of any age) reports to a California law enforcement agency that he or she, while under 18 years of age, was a victim of any of those offenses.
Generally, the following statutes of limitations apply:
- For an offense punishable by life imprisonment, there is no statute of limitations
- For an offense punishable by imprisonment for 8 years or more, a period within 6 years after commission of the offense
- For all other offenses subject to a term of imprisonment, a period within 3 years after commission of the offense
Source: Child Welfare Information Gateway