What is the Statute of Limitations for Rape in California?
Full Question:
Answer:
I'm assuming you were over 18 at the time of the rape. The answer will depend on the type of lawsuit you pursue. A criminal case seeks imprisonment, rather than fianacial compensation, however, a criminal lawsuit may be brought before a civil lawsuit, and in some cases, a conviction may extend the time for bringing a civil lawsuit.
An application for VCP compensation should be filed within one year of the date of the crime, one year after the victim turns 18 years of age, or one year from the date the victim or derivative victim knew or in the exercise of ordinary diligence could have discovered that an injury or death had been sustained as a direct result of a crime, whichever is later.
Causes of action in tort; such as assault and battery, wrongful death, negligent or the intentional infliction of emotional distress, false imprisonment, among other specific actions; provide the legal framework for civil actions brought by victims against perpetrators. A civil action for torts such as assault and battery, emotional distress must be brought within 2 years. A civil action may also be brought within one year after a criminal felony sentence. Due to the complexity of the issues, it is recommended to consult with a local attorney who can review all the facts and evidence involved.
Please see:
http://www.aardvarc.org/victim/states/cavic.shtml#comp
http://www.aardvarc.org/victim/civilsuit.shtml
Please see the following CA statutes:
261. (a) Rape is an act of sexual intercourse accomplished with a
person not the spouse of the perpetrator, under any of the following
circumstances:
(1) Where a person is incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act. Notwithstanding the existence of a conservatorship pursuant
to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
consent.
(2) Where it is accomplished against a person's will by means of
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating
or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the
accused.
(4) Where a person is at the time unconscious of the nature of the
act, and this is known to the accused. As used in this paragraph,
"unconscious of the nature of the act" means incapable of resisting
because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person
committing the act is the victim's spouse, and this belief is induced
by any artifice, pretense, or concealment practiced by the accused,
with intent to induce the belief.
(6) Where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat. As used in this paragraph,
"threatening to retaliate" means a threat to kidnap or falsely
imprison, or to inflict extreme pain, serious bodily injury, or
death.
(7) Where the act is accomplished against the victim's will by
threatening to use the authority of a public official to incarcerate,
arrest, or deport the victim or another, and the victim has a
reasonable belief that the perpetrator is a public official. As used
in this paragraph, "public official" means a person employed by a
governmental agency who has the authority, as part of that position,
to incarcerate, arrest, or deport another. The perpetrator does not
actually have to be a public official.
(b) As used in this section, "duress" means a direct or implied
threat of force, violence, danger, or retribution sufficient to
coerce a reasonable person of ordinary susceptibilities to perform an
act which otherwise would not have been performed, or acquiesce in
an act to which one otherwise would not have submitted. The total
circumstances, including the age of the victim, and his or her
relationship to the defendant, are factors to consider in appraising
the existence of duress.
(c) As used in this section, "menace" means any threat,
declaration, or act which shows an intention to inflict an injury
upon another.
264. (a) Rape, as defined in Section 261 or 262, is punishable by
imprisonment in the state prison for three, six, or eight years.
(b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
800. Except as provided in Section 799, prosecution for an offense
punishable by imprisonment in the state prison for eight years or
more shall be commenced within six years after commission of the
offense.
801. Except as provided in Sections 799 and 800, prosecution for an
offense punishable by imprisonment in the state prison shall be
commenced within three years after commission of the offense.
801.1. (a) Notwithstanding any other limitation of time described
in this chapter, prosecution for a felony offense described in
Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as
enacted by Chapter 293 of the Statutes of 1991 relating to
penetration by an unknown object, that is alleged to have been
committed when the victim was under the age of 18 years, may be
commenced any time prior to the victim's 28th birthday.
(b) Notwithstanding any other limitation of time described in this
chapter, if subdivision (a) does not apply, prosecution for a felony
offense described in subdivision (c) of Section 290 shall be
commenced within 10 years after commission of the offense.
805. For the purpose of determining the applicable limitation of
time pursuant to this chapter:
(a) An offense is deemed punishable by the maximum punishment
prescribed by statute for the offense, regardless of the punishment
actually sought or imposed. Any enhancement of punishment prescribed
by statute shall be disregarded in determining the maximum punishment
prescribed by statute for an offense.
(b) The limitation of time applicable to an offense that is
necessarily included within a greater offense is the limitation of
time applicable to the lesser included offense, regardless of the
limitation of time applicable to the greater offense.