Legal Question in Criminal Law in Florida

Re: General rape questions

Yes if you want to prosecute him you need to call the State Attorney. That is just how it is done. It will take a couple of months to investigate your claim, and if they proceed about a year.

Re: General rape questions

Yes if you want to prosecute him you need to call the State Attorney. That is just how it is done. It will take a couple of months to investigate your claim, and if they proceed about a year.

Re: General rape questions

Yes, there is a statute of limitations for rape (called "sexual battery") in Florida. Usually, it's three years, but it depends on the type of rape. Rape of a child can have a longer statute of limitations. So can other types of rape.

If you are seeking criminal charges, you must report it to the police or sheriff's department in the area where it happened. If the police agree, the police will usually make an arrest and the charges will be sent to the State Attorney's Office (the prosecutors) for a final decision to prosecute. If the prosecution files charges, it usually takes a few months for the case to get to trial. You will probably be interviewed by the prosecution at least once before charges are brought and, if charges are brought, the defense attorney will probably take your deposition before trial. You cannot use your own attorney to prosecute; you must use the public prosecutor assigned to your case in the district (in Florida, it's called the "circuit") where the rape happened.

If you decide to sue for rape, you can use any private attorney who will take your case. You can both sue for rape and press charges or you can do either or neither.