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View Full Version : file charges for statutory rape


boricua0224
03-04-11, 10:40 PM
How long do I have to file charges for statutory rape in wisconsin....back in 2002 i was 15 years old i had sex with a 19 year old man and i got pregnant and now my daughter is 8 years old can i still file a complanit?


boricua0224
03-04-11, 10:41 PM
............

Kimble
03-04-11, 11:28 PM
How long do I have to file charges for statutory rape in wisconsin....back in 2002 i was 15 years old i had sex with a 19 year old man and i got pregnant and now my daughter is 8 years old can i still file a complanit?

I'm not a cop in WI, nor have I ever been, but what you describe seems to fit the elements of Wisconsin Statute 948.02(2), Sexual Assault of a Child in the 2nd Degree.

You will need to contact a police department in your area for further details on how they can proceed with a case if you decide to pursue charges, though. Are you looking to press charges due to personal issues going on between you and your baby's father (failure to pay child support, for example)?


mcsap
03-04-11, 11:45 PM
I dont think we have any officers here from Wisconscin. I suggest calling your local PD or Sheriff's Dept. and ask them.

Why did you wait and what is your motivation for acting on this now ?

icu650
03-05-11, 12:27 AM
I know this is not a nice comment to put before you, but, if you proceed in the direction of filing a charge for statutory rape I would think the investigators first question, after getting the pertinent details will be; Did you have sex with anyone else when you were 15? Your answer to this question will lay heavily on the direction of investigation I would think. I am certainly not trying to talk you into it or out of it. Continue with what you want to do.

marinepilot
03-05-11, 09:30 AM
According to Wisconsin Statute 948.02(2):


(2) Second degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 16 years is guilty of a Class C felony.

And then, according to the Wisconsin Statute of Limitations Statute 939.74 (2)(a):


(a) A prosecution under s. 940.01, 940.02, 940.03, 940.05, 948.02 (1), or 948.025 (1) (a), (b), (c), or (d) may be commenced at any time.

And then, to get more specific about it, there's this Statute 939.74 (2)(c):


(c) A prosecution for violation of s. 948.02 (2), 948.025 (1) (b), 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, 948.085, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d).

As others have stated, however, there will most likely be questions as to why you've waited this long and your character at the time of the crime.

My advice would be to consider this long and hard and truly try to decide if putting yourself and your daughter through all that. If she has any type of relationship with her birth father, this would most definitely drive a wedge through it. It's probably going to be hell on both you and her until it reaches it's completion.

cntryboy0531
03-06-11, 11:53 PM
Why so long of a wait? Not saying the 19 year old doesn't deserve consequences for sleeping with a 15 year old, however, highlighting the key points...

1) you've had a kid with him
2) Child is now 8.

Were you in a relationship with him at the time that now just soured and are looking for personal gain now? or are there other issues?

Again, not saying he was in the right for sleeping with a 15 year old and shouldn't have some kind of consequences thrown at him. However, these are things that WILL come up during prosecution. If you are doing this because something soured now, and are looking for "payback" the Jury will turn on you in a heartbeat.

retdetsgt
03-07-11, 10:31 AM
Again, not saying he was in the right for sleeping with a 15 year old and shouldn't have some kind of consequences thrown at him. However, these are things that WILL come up during prosecution. If you are doing this because something soured now, and are looking for "payback" the Jury will turn on you in a heartbeat.

Not necessarily. About 20 years ago, Oregon extended the statute of limitations to 6 years after the victim turned 18. There was a reason for that. Child abuse of any form, but especially sex abuse is tough on anyone and the perpetrators are skilled at making the victim think it was their fault.

It can take years for a child victim to be able come forward, even after becoming an adult.