When a DA dismisses a case without prejudice for forcible rape, is there a statute of limitations for getting more evidence or witnesses?

UPDATED: Jan 9, 2012

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When a DA dismisses a case without prejudice for forcible rape, is there a statute of limitations for getting more evidence or witnesses?

My granddaughter was forcibly raped my her mother’s boyfriend from the age of 5 through 18, when she could finally leave the home and report the abuse. Even though there was medical evidence of scar tissue proving she had been molested at an early age, photos, DNA and much more, the DA still dismissed the case without prejudice stating there was not enough evidence to prosecute. I believe there was corruption involved but I just want to know if there is a statute of limitations on getting the case opened back up?

Asked on January 9, 2012 under Criminal Law, Missouri


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In a criminal matter, there is always a statute of limitations with respect to a charge against the alleged perpetrator. Each state has different statutes of limitations running from the various assorted wrongful acts.

In your granddaughter's situation, you might consider consulting with a personal injury attorney with yourself and your granddaughter now that she is an adult to determine whether or not a civil action is warranted against the boyfriend of her mother. The attorney would also be able to give an opinion as to the applicable statute of limitations for re-filing of the criminal charges against the mother's boyfriend.

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