Legal Question in Criminal Law in Michigan

Is it too late to prosecute??

I am now 24 years old and my stepfather molested me from age 10 until 17. I just want to know if it's too late to prosecute him for it.


Asked on 9/20/01, 5:59 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Is it too late to prosecute??

It sounds like is is too late to prosecute.

Michigan has a general 6 year statute of limitations on criminal cases. But, in CSC cases, when a victim is a minor (under 18 years old at the time of the offense), the time limit is different: 6 years after commission of the offense, or by the victim's 21st birthday, whichever is later.

So, a charge could have been issued up to your 21st birthday, or up to 6 years after the incident when you were 17 (i.e., some time during your 23rd year).

Even if it was possible to issue a charge, a prosecutor would still have to assess whether a charge should be issued ... taking into account the reason for your delay in reporting, and whether surrounding witnesses or evidence are still available.

Delay is always the defendant's ally, not the prosecutor's or victim's.

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Answered on 11/06/01, 9:17 am


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