Legal Question in Criminal Law in Alabama
rape
My current girlfriend was married to a man who drugged and raped her repeatedly about ten years ago in Hawaii. At the time, Hawaii state law said that rape could not be committed between married couples. She has since moved to Alabama, and he now lives in Missouri. Can rape charges be made now in either of these states? I know that there are state senators trying to remove the statute of limitations on rape in Missouri, but the actual crime was committed in Hawaii. I would like for her to have justice in this matter and am asking for help.
1 Answer from Attorneys
Re: rape
A rape charge would have to be prosecuted in the state in which it was committed. Alabama could not prosecute her ex-husband for a rape committed in Hawaii. If she wants to try to pursue prosecution of him, she will need to find a way to do it in Hawaii. You may want to contact the district attorney's office in the county where the rapes occurred, and see if there is any way they can prosecute the case under current Hawaiian law.
Good luck with your situation.
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