Legal Question in Criminal Law in California

The prosecution of an aggravated rape may be commenced at any time. In California, an aggravated rape is rape that involves a weapon, more than one person, or seriously injures the victim). The prosecution of a rape that is not aggravated must commence within six years after its commission. (Pen. Code, sect. 800.)

If DNA evidence is involved, a different statute applies. California's Penal Code permits the prosecution of certain sex offenses within one year of the date on which the identity of the suspect is conclusively established by DNA testing, or within ten years of the offense, whichever is longer. (Pen. Code, sect. 803, subd. (i)(1).)

The criminal charges must be brought by the police and DA, and they will do so now if they are timely and have sufficient proof. She and you can also bring a Civil action at anytime up to six years after she turns 18. You should consider doing so immediately, now that the criminal has been identified, but you'll need to consider the cost of doing so versus the likelihood of ever recovering any money from him. If serious about pursuing the civil case, feel free to contact me.