Which statute of limitations apply the ones at the time of the alleged crime or the ones at the time of the charges?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Which statute of limitations apply the ones at the time of the alleged crime or the ones at the time of the charges?

My husband has been falsely accused of statutory rape. At the time of the alleged statutory rape (13 years ago), the statute of limitations said the charges had to be commenced within 10 years of the alleged victim turning 18. Then, 10 years ago, the statute of limitations was changed to 20 years after the alleged victim turned 18. The charges were pressed 1 month after the alleged victim turned 28, so not within 10 years of her turning 18.

Asked on December 30, 2013 under Criminal Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The applicable statute of limitations would be the ten year statute from when the crime occurred.  In other words, charges would have had to have been brought within that ten year period.  The fact that the charges were not filed until after the ten year statute of limitations had tolled (expired) should bar prosecution on those charges.

An ex post facto law is one that has a retroactive or retrospective effect.  In other words, when the statute of limitations was extended to twenty years, it would not be retroactive.  Your husband would be subject to the ten year statute of limitations when the alleged crime occurred.

The twenty year statute of limitations would apply to crimes occurring upon or after the effective date of that statute.

There is case law which holds that "The operation of a statute to repeal, extend the period of, or provide for the tolling of a statute of limitations under which a complete defense has already occurred would be ex post facto".

An ex post facto law is unconstitutional.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption