Legal Question in Criminal Law in Michigan

Can you please tell me if there is a statute of limitation on statutory rape in Michigan?

Asked on 2/28/11, 9:59 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney
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The general statute of limitations in Michigan is 6 years. But CSCs are exceptions. MCL 767.24(2) says that there is a 10-year statute of limitations (the deadline to file a charge after a crime date) on CSC 2nd, CSC 3rd or CSC 4th, or the victim's 21st birthday, whichever is later. And if DNA results identified a previously unidentified suspect then it is 10 years from the DNA result date or the victim's 21st birthday, whichever is later. But this law does not mention CSC 1st Degree, which means there is no statute of limitations for this crime. "Statutory rape" is not a legal term used in Michigan, but you mean situations where the victim being under the 16 year old age of consent is an element of the crime. That can be an element for any of the four CSC degrees. You can read about the elements that differentiate these four types of CSC at http://www.eatoncounty.org/Departments/ProsecutingAttorney/Define.htm#CSC .

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Answered on 3/01/11, 6:37 am

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