How long do I have to press rape charges in Michigan? 4 Answers as of June 17, 2011

How long do I have to press rape charges in Michigan? And what do I do if I can’t locate the person who committed the crime and they have to take a paternity test to prove if they are the parent or not? And if paternity proves that he is the father can I deny his right to her because of the date rape?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You should direct your question to the local police and report the problem. They can best assist you. When it comes to paternity and parental rights, you would need to address these issues with the family law division of the circuit court should it come up. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 6/17/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
An individual does not press criminal charges. Criminal charges are brought by the prosecuting attorney. If you intend to go forward, you should contact the police and file a complaint. As with any matter, the longer you wait, the harder it is to collect evidence and move forward. You could also file a complaint for paternity, which is a civil matter. The law in Michigan says that a parent convicted of criminal sexual conduct involving the conception of the child cannot be awarded custody unless the other parent agrees.
Answer Applies to: Michigan
Replied: 6/15/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
The statute of limitations for rape is 10 years or reaching your 21st birthday whichever is later. The issue of denying visitation would probably hinge upon whether he is found guilty of the charge or not.
Answer Applies to: Michigan
Replied: 6/15/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The statute of limitations is 10 years or until the victim is 21, whichever occurs later. Once filed, the prosecutor will issue a warrant for the arrest and probably a warrant to collect DNA. They will have to find him in order to arrest him or get the DNA unless he turns himself in. Once the charges are officially field, that stops the statute of limitations clock from running. You can try hiring a private investigator to find him if you are having trouble locating him.
Answer Applies to: Michigan
Replied: 6/15/2011
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