I was dating this girl who was 3 years and 10 months younger than me. She was 16 about to turn 17. I was 20 years old. She lives in Virginia and I live in Tennessee. We broke up 8 months ago. During the time we were dating we did end up having sex. What is the statue of limitations on her to report me if she wanted to? Thank you
Sexual Offense
•Class B felony
Tenn. Code § 39-13-504 Aggravated sexual battery
•Class B felony
Tenn. Code § 39-13-505 Sexual battery
•Class E felony
Tenn. Code § 39-13-506 Statutory rape
•Mitigated statutory rape, class E felony, if victim is at least 15 but under 18, and offender is at least four but not more than five years older than victim
•Statutory rape, class E felony, if:
•Victim is at least 13 but under 15, and offender is at least four years older but less than 10 years older than victim, or
•Victim is at least 15 but under 18, and offender is more than five years older but less than 10 years older than victim
•Aggravated statutory rape, class D felony, if victim is at least 13 but under 18, and offender is at least 10 years older than victim
Tenn. Code § 39-13-522 Rape of a child more than three but under 13
•Class A felony
Tenn. Code § 39-13-527 Sexual battery by an authority figure
•Class C felony
Tenn. Code § 39-13-531 Aggravated rape of a child three years or less
•Class A felony
Tenn. Code § 39-13-532 Statutory rape by an authority figure
•Class C felony
Tenn. Code § 39-15-302 Incest
•Class C felony
STATUTE OF LIMITATIONS
Tenn. Code § 40-2-101 Felonies
•(a) No limit for an offense punishable with death or by imprisonment in the penitentiary for life
•(b) (1) For a class A felony, within 15 years after commission of the offense
•(b) (2) For a class B felony, within eight years after commission of the offense
•(b) (3) For a class C or class D felony, within four years after commission of the offense
•(b) (4) For a class E felony, within two years after commission of the offense
•(e) For one of the following offenses committed against a child prior to July 1, 1997, within four years after commission of the offense or by the time the child attains the age of majority, whichever occurs later:
•Aggravated rape (§ 39-13-502)
•Rape (§ 39-13-503)
•Aggravated sexual battery (§ 39-13-504)
•Sexual battery (§ 39-13-505)
•Incest (§ 39-15-302)
•Pursuant to subsection (a), however, an offense punishable by life imprisonment may be prosecuted at any time after the offense has been committed.
•(g) For one of the following offenses committed against a child on or after July 1, 1997, within the period of time as described in subsections (a) and (b) or by the time the child attains the age of 21, whichever occurs later:
•Aggravated rape (§ 39-13-502)
•Rape (§ 39-13-503)
•Aggravated sexual battery (§ 39-13-504)
•Sexual battery (§ 39-13-505)
•Rape of a child more than three but under 13 (§ 39-13-522)
•Incest (§ 39-15-302)
•(h) For one of the following offenses committed against a child on or after June 20, 2006, no later than 25 years from the date on which victim attains the age of 18:
•Aggravated rape (§ 39-13-502)
•Rape (§ 39-13-503)
•Aggravated sexual battery (§ 39-13-504)
•Sexual battery (§ 39-13-505)
•Rape of a child more than three but under 13 (§ 39-13-522)
•Sexual battery by an authority figure (§ 39-13-527)
In Virginia, there is no statute of limitations for felonies. Charges can be brought years and decades later.
The age of consent in Virginia is 18, with a close in age exception which allows teenagers aged 15, 16 and 17 to engage in sexual acts, but only with a partner younger than 18. However the legislation is not clear cut and the details are discussed below:
Any penetrative sexual act other than penile-vaginal intercourse is defined in Virginia law as 'sodomy.' Section 18.2-361 of the Code of Virginia entitled "Crimes against nature" states in part; "If any person carnally knows in any manner any brute animal, or carnally knows any male or female person by the anus or by or with the mouth, or voluntarily submits to such carnal knowledge, he or she shall be guilty of ... felony..."
In addition, any sexual intercourse is defined in Virginia law as 'fornication.' Section 18.2-344 of the Code of Virginia entitled "Crimes against nature" states;
"Any person, not being married, who voluntarily shall have sexual intercourse with any other person, shall be guilty of fornication, punishable as a Class 4 misdemeanor."
The courts of Virginia have ruled that these statutes are not invalid under the US Supreme Court's decision in Lawrence v. Texas since that case only applied to adults, and the age of majority in Virginia is 18. This means that those 18 and above involved in consensual activity in private may have a defense in court, but those under 18 do not.
Section § 18.2-63 of the Code refers to minors younger than 15, while § 18.2-371 is about 15, 16 and 17 years olds. Section 18.2-63 states in part: "If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of ... felony ... For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse, and animate and inanimate object sexual penetration."
Short answer. You won't be off the hook for a long, long time.
Do nothing to draw attention to yourself or inflame the prior breakup.
Make no admissions to friends, family, strangers for that matter. This includes social media posts.