Legal Question in Criminal Law in California

statutory rape statute of limitations

My boyfriend has been receiving harrassing phone calls and emails from his ex-fiance and she is threatening statutory rape. They dated for 3 years over a year and a half ago. The charge she is threatening happened almost 3 years ago. She claims she was 14/15 at the time (he was 22 and is now 26). She is now 18/19 and is harrassing him. They became engaged a year and a half ago when she flew to GA and she broke off the engagement 8 months ago.

My question is; does she have a legal leg to stand on? If so, would they arrest him in GA and have him extradicted to CA? I need help for peace of mind. Can he claim stalking or defamation of character? Thank you for any help.


Asked on 1/22/01, 1:35 pm

1 Answer from Attorneys
Patrick McNeal Law Offices of Patrick D. McNeal

Re: statutory rape statute of limitations

The questions that you ask require more details to answer fully, so take this for what it is , general information. First, The statute of limitations differs from State to State, if the acts were within the State of Georgia, California, etc, would cause the answer to vary. Second, there are other Federal Offenses, such as the Mann Act which might come into play. You need to have some advise from a professional, and provide him or her with more details. But the simple solution to your problem is really how to get her to stop these contacts, and for that Restraining Orders are about the only legal solution. With respect to any potential lawsuit against her for harrassment, maybe you have an issue, but you are sitting on a keg of dynamite and need to think through your actions carefully. Feel free to contact me with more details, and I can give you some options. pdm

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Answered on 2/16/01, 5:48 am


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