Legal Question in Criminal Law in Illinois

rape and sodomy

5 years ago my husband raped and sodomized me. i did not file charges or call the police at that time. we are now going thru a custody battle for our 10 year old daughter. he is trying to tell me that even tho i have not and am not filing charges against him, the states attorney can file charges against him and prosecute him anyway. Is this true?


Asked on 7/28/08, 5:22 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: rape and sodomy

If the state's attorney is aware of the crime, and you would be a willing witness, the statute of limitations for most felonies in Illinois is 5 years. The time for him to be charged in this case may be running out soon. The decision, if they have evidence, does belong to the State's Attorney's office and not to you.

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Answered on 7/28/08, 6:19 pm


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