Can I pursue statutory rape charges against my daughter's ex? 14 Answers as of February 13, 2013

She was 15 then and he was 21, I now have a 5 years old grandson. She is deceased.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If she is deceased you will probably not be able to prove the statutory rape charge.
Answer Applies to: New York
Replied: 2/13/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
They probably wont want to file the matter without her testimony. I take it that there is a problem with custody and visitation.
Answer Applies to: Michigan
Replied: 2/13/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
The statute of limitations has run out on this incident. You can and should for the child have paternity established and have the father pay child support.
Answer Applies to: California
Replied: 2/12/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Not likely to be able to prove the charge. Sorry for your loss.
Answer Applies to: Nebraska
Replied: 2/12/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
You can report it to the police, however keep in mind that it will be up to the District Attorney's Office if they wish to pursue indictment against your daughter's ex. The fact that she is not able to testify will also make it harder to prove if the case went to trial.
Answer Applies to: New York
Replied: 2/12/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What is the purpose? Your daughter is dead, and you want to put the father of the child in prison. Good luck.
    Answer Applies to: Georgia
    Replied: 2/12/2013
    Henry Lebensbaum | Henry Lebensbaum
    Contact the police if you want to find out.
    Answer Applies to: Massachusetts
    Replied: 2/11/2013
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    You have no "standing" to pursue charges, which means that if you are not a victim or otherwise a party to the action, you have no say in the charge. All you can do is report it to the authorities and see if they pursue it. You may be able to petition Family Court for child support.
    Answer Applies to: New York
    Replied: 2/11/2013
    Law office of Robert D. Scott | Robert Scott
    You may have an issue of proof, if the victim is now deceased, as well as a Statue of Limitations issue.
    Answer Applies to: Maryland
    Replied: 2/11/2013
    Gregory R. LaMarca, P.C.
    Gregory R. LaMarca, P.C. | Gregory R. LaMarca
    You can make the complaint with your local District Attorney's office but you may a statute of limitations problem and certainly a witness problem unless you have DNA proof.
    Answer Applies to: New York
    Replied: 2/11/2013
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    If you want to pursue that I would suggest you go see your local District Attorney ASAP. There will be some challenges to such a prosecution, including possible statute of limitations issues. Time will help the defense more than you. If you are serious, go to the DA.
    Answer Applies to: Georgia
    Replied: 2/11/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    What would you have to gain by doing that now? As the girl is deceased, it may not be possible to file charges anyhow. But you can discuss the matter with the police or county prosecutor.
    Answer Applies to: Illinois
    Replied: 2/11/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Sorry to hear about your daughter, but it sounds like the statute of limitations has lapsed. Statutory rape (PC 261.5) has a 3-year statute of limitations, meaning that charges must be filed within 3 years of the act. "Sexual abuse of a minor" MAY carry a longer statute of limitations, depending on the unique circumstances. You should speak with the local District Attorney to review your options.
    Answer Applies to: California
    Replied: 2/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Possibly, but the statue is running and under the circumstances it is doubtful the prosecutor will press charges. Call my office or another attorney with the details, and what you are actually attempting to accomplish.
    Answer Applies to: Michigan
    Replied: 2/11/2013
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