My step-brothers repeatly raped me from the age of 4 years old until I was 16. I have been in counseling sessions as I am now in my early 40's. I would like to pursue criminal charges against those individuals who used sex to satisfy their sexual greed. What are my legal options?
The Statute of Limitations in Michigan for criminal cases is governed by MCL 767.24, unless the specific crime contains its own limitations period. The statute of limitations is a nonjurisdictional, waivable affirmative defense.
There are several crimes that have no limitations periods, such as: murder, conspiracy to commit murder, solicitation to commit murder, 1st Degree Criminal Sexual Conduct, crimes involving explosives and bombs, and crimes concerning terrorism.
There are several crimes that come with a 10 year limitation period or by the alleged victim’s 21st birthday – whichever is later: Child Sexually Abusive Activity or Material, 2nd Degree Criminal Sexual Conduct, 3rd Degree Criminal Sexual Conduct, 4th Degree Criminal Sexual Conduct, and Assault with Intent to Commit Criminal Sexual Conduct. There is no limitations period for a violation of any of the above referenced offenses if the offender is unidentified and DNA evidence is developed which ultimately identifies a Defendant. If an individual is identified, the Prosecution has 10 years after the Defendant is identified or by the alleged victim’s 21st birthday, whichever is later.
According to MCL 767.24(3) there is a 10 year Statute of Limitations period for: kidnapping, extortion, Assault with Intent to Commit Murder, Attempted Murder, Manslaughter, Conspiracy to Commit Murder, 1st Degree Home Invasion.
Pursuant to MCL 767.24(6) there is a 6 year Statute of Limitations for all other offenses.
There are some situations which may toll the Statute of Limitations period, such as if the Defendant leaves the state of Michigan, which in effect extends the period for which a charge can be brought. You should always seek the advice of a competent criminal defense attorney if the Statute of Limitations may apply to a prior situation which you may have been involved with. It is important to note that a plea of guilty or no contest waives the Defendant’s ability to assert the Statute of Limitations.
The situation that you describe in your question is likely to be classified as Criminal Sexual Conduct in the 1st Degree. For Criminal Sexual Conduct in the 1st Degree there is no statute of limitations. However, the issue that you may have is whether or not the local police agency and/or prosecutor's office would pursue this on your behalf. Furthermore, if the conduct is investigated by law enforcement and determined to be a lesser degree of Criminal Sexual Conduct the statute of limitations is likely to prevent a prosecution from commencing. You might want to consult with a civil attorney concerning a civil remedy - however in that instance you might be barred by the statute of limitations. If you hire a local lawyer to help you present your situation to the police and/or prosecutor's office, it may help in terms of a decision to prosecute. Good luck.
Sometimes in life you only have one opportunity to obtain the right result.
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Here is a link to the Berrien County Victim Advocate: http://www.berriencounty.org/SheriffsDepartment/VictimServicesAdvocates.
Contact them, they are trained to help and advise you.
The statute of limitations (SOL) for criminal sexual conduct depends on the degree. Second, third, and fourth degree carry a SOL of 10 years or the victim's 21st birthday, whichever is later. Criminal sexual conduct first degree has no statute of limitations. Since you were under the age of 13 when these assaults occured, if by "raped" you mean there was penetration involved in the acts, than it is a CSC 1st degree. You will need to contact the the police department/Sheriff's department of the place that you were when it happened. I wish you the best.
