How the fuck is there a statute of limitations for rape in New York?

[Catholic_Lady]

So basically the way you see it, the word "rape" is purely a legal term used by the government. Such as murder.  

But you still think non consensual sex is the same act and just as bad, right? 

If so, then I think there's no reason why we need to keep arguing this.

Yes It is a legal term like murder.

Murder is to unlawfully take life. There is a difference between murder and killing. a cop may kill someone in the line of duty but may never murder someone. the physical act/evidence being the same.

It not ok to call a killer a murderer. even in a case like OJ where the A-hole wrote a book explaining how he 'would have killed everyone 'if' he did it."

Because that is a slippery slope of injustice. For instance look at Oj again because he was thought to have gotten away with murder and because people saw him as a murderer he got a disproportionate amount of time (life) for essentially "stealing back" some of his old football stuff.

Any honest person would tell you he was being convicted of killing his wife and the other guy rather than a simple armed robbery.

Force sex is like killing. it is a description of a act that is not actionable/prosecution by law. good or bad,  like how one judges a legal killing is determined in one's own mind.

The difference though is that killing isn't always immoral. If you kill someone out of self defense, that's not immoral. If you kill someone by a freak accident that wasn't your fault, that's not immoral. Forced sex, on the other hand, is ALWAYS immoral. 

...That's why people are freaking out over what you are saying. You're making it sound like you don't think forced sex is always immoral and always horrible.

[LadyForCamus]

So, since you couldn't get it done with arguing over the meaning of the word "rape", you're now going to argue over the meaning of the word "forced"? Lol, this is just getting embarrassing for you. It's over, Drich. You are wrong. You lost. Let it go. Why don't you try bowing out gracefully for once. ?

[Joods]

For Drippy, ignorance is bliss. Because he wants to twist words and their definitions, accuse people of posting a link from a press release (but have the balls to use a "google defined" definition of the word rape and think that's okay), I have put together this from RAINN. It's the laws on rape and/or sexual assault for every single state in the US. In case dripshit wants to doubt the validity of RAINN and who they are... here is their About Page 
They work in partnership with the Department Of Defense.

RAINN'S MISSION

RAINN (Rape, Abuse & Incest National Network) is the nation's largest anti-sexual violence organization and was named one of "America's 100 Best Charities" by Worth magazine. RAINN created and operates the National Sexual Assault Hotline (800.656.HOPE, online.rainn.org y rainn.org/es) in partnership with more than 1,000 local sexual assault service providers across the country and operates the DoD Safe Helpline for the Department of Defense. RAINN also carries out programs to prevent sexual violence, help victims, and ensure that perpetrators are brought to justice.

 
 Here is the page source for the rape and/or sexual assault laws for every state in the US. Note that in some states, sexual assault and rape defined, are one in the same.

Oh, they have also included Statutory Rape and Sodomy in with these laws as well.

Newsflash for you drippy - you have adamantly argued that if a rape isn't reported, that it didn't happen. Wrong. Wrong and more wrong. Did you know that a DA absolutely can prosecute a rape without the victim even coming forward? Yeah. That DOES happen.

Complete state listing for all states, regardless of SOL

States where there is NO SOL for rape/sexual assault: There are exceptions to the laws, which is why I provided the link, and to source my information, obviously.

Alabama: None specified.
Alaska:    None specified.
Arizona:

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• Ariz. Rev. Stat. § 13-107 Time limitations
  • (e) For the following offenses, the period of limitation does not run during any time when the identity of the offender is unknown:
    • Sexual assault (§ 13-1406)
      
    • Sexual conduct with a minor under 15 (§ 13-1405)
      
    • Any dangerous crime against children as defined in Ariz. Rev. Stat. § 13-604.01
      
    • Molestation of a Child (Ariz. Rev. Stat. § 13-1410)
      
    • Sexual conduct with a minor (Ariz. Rev. Stat. § 13-1405)
      
    • Sexual Abuse (Ariz. Rev. Stat. § 13-1404)
      
    • Continuous sexual abuse of a child (Ariz. Rev. Stat. § 13-1417)

      ---

Arkansas:

---

• Ark. Code § 5-1-109 Statute of limitations:
  

1. (b)(1)(B) For rape (§ 5-14-103), the period of limitation is eliminated if biological evidence of the alleged perpetrator is identified that is capable of producing a deoxyribonucleic acid (DNA) profile.
   
2. (i) If there is biological evidence connecting a person with the commission of an offense and that person's identity is unknown, the prosecution is commenced if an indictment or information is filed against the unknown person and the indictment contains the genetic information of the unknown person and the genetic information is accepted to be likely to be applicable only to the unknown person.
   
3. (j) When DNA testing implicates a person previously identified through a search of state or national DNA database, a statute of limitations shall not preclude prosecution.

   ---

Washington DC (District of Colombia) : None specified.
Guam: (A US territory) None specified.
Idaho: None specified.
Kentucky: None specified.
Maine: None specified.
Maryland: None specified.
Massachusetts: None specified.
Michigan:

---

Mich. Comp. Laws § 767.24(2)(b) 

• If evidence of the violation is obtained and that evidence contains DNA from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed; however after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the victim’s twenty-first birthday, whichever occurs later

  ---

Mississippi: None specified.
Missouri: None specified.
Nebraska: None specified.
Nevada: None specified.
New Hampshire: None specified.
New Mexico:

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• N.M. Stat. § 30-1-9.2 Criminal sexual penetration; tolling of statute of limitations.
  • When DNA evidence is available and suspect has not been identified, the applicable time period for commencing a prosecution under § 30-1-8 will not commence to run until a DNA profile is matched with a suspect; this applies to:
    • Criminal sexual penetration (§ 30-9-11).[hide]
      

New York: (Cases were listed. See below)
[hide]

• People v. Harrison, 803 N.Y.S.2d 5, 6-7 (N.Y. App. Div. 2005) (relying on N.Y. Crim. Proc. Law § 30.10(4)(a) to toll the statute of limitation because defendant's whereabouts “were continuously unknown and continuously unascertainable by the exercise of reasonable diligence” inasmuch as it was impossible to identify a suspect until arrival of recent advances in DNA technology).
  
• People v. Brown, 890 N.Y.S.2d 415 (N.Y. App. Ct. 2009) (Statute of limitations following commission of sodomy offense was tolled and excluded from five year statute of limitations until defendant’s DNA profile from victim’s rape kit was matched to DNA evidence).
  
• People v. Ramos, 877 N.Y.S.2d 177 (N.Y. App. Div. 2009) (tolling five year statute of limitations where whereabouts of rape and robbery suspect were continuously unknown and unascertainable by exercise of reasonable diligence until nearly ten years later when suspect’s DNA profile was matched to DNA evidence taken from him prior to incarceration).
  
• People v. Bradberry, 891 N.Y.S.2d 850 (N.Y. App. Div. 2009) (tolling statute of limitations for bringing first degree rape and second degree burglary charges until eight years later when suspect was convicted of an unrelated crime and a DNA match was made).
  
• People v. Sigl, 967 N.Y.S.2d 570 (N.Y. App. Div. 2013) (tolling statute of limitations for indictment charging defendant with burglary in the first degree and sodomy in the first degree where whereabouts of suspect were continuously unknown and unascertainable by exercise of reasonable diligence until a year later when a DNA match was made).
  
• People v. Burroughs, 968 N.Y.S.2d 773 (N.Y. App. Div. 2013) (refusing to toll statute of limitations for sodomy in the first and third degrees and for rape in the third degree because the offender’s DNA profile had been in the statewide databank since 1998, and the prosecution failed to offer an explanation as to why offender’s identity was not ascertained sooner by the exercise of reasonable diligence, especially since the perpetrator’s DNA was entered into the databank in 2003).

  ---

North Carolina: None specified.
Pennsylvania ^

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• 42 Pa. Cons. Stat. § 5554 Tolling of statute
  • The period of limitation does not run during any time when:
    
  • The accused is continuously absent from this Commonwealth or has no reasonably ascertainable place of abode or work within this Commonwealth;
    
  • A prosecution against the accused for the same conduct is pending in this Commonwealth; or
    
  • A child is under 18 years of age, where the crime involves injuries to the person of the child caused by the wrongful act, or neglect, or unlawful violence, or negligence of the child’s parents or by a person responsible for the child’s welfare, or any individual residing in the same home as the child, or a paramour of the child’s parent.

    ---

Puerto Rico ^

---

• Rule 35, Puerto Rico Rules for Criminal Procedure (34 L.P.R.A. Ap. II, R.35):
  • (b) In cases of felonies where the defendant’s name is unknown, the prosecution may use a fictitious name (i.e. John Doe) on the indictment.  In those situations where a defendant’s identity is later identified and confirmed via DNA evidence, the fictitious name of the accused in the indictment will be amended.  In those instances where a fictitious name has been used, the statute of limitations will not begin to run until such time as the DNA evidence identifies the accused and the indictment is amended. 
    
  • Note:  The legislative history of this amendment to Rule 35 explains that in making the amendment, the Puerto Rico legislature specifically had in mind the protection of victims of sexual assault.

    ---

Rhode Island ^

• None specified.
  

South Carolina ^

• None specified.
  

South Dakota ^

• None specified.
  

Vermont ^

• None specified.
  

Virgin Islands ^

• None specified.
  

Virginia ^

• None specified.
  

[Drich]

2/3's of the f-ing planet say otherwise you xenophobe. open your eyes once and a while and pretend at least in public that you don't truly believe western culture is the only "Right" culture you friggen biggot.

I have to say, that's the first time I've ever been called a bigot for thinking that forced sex is rape.

it is because you assume all forced sex is without consent, and you are not willing to examine sexual encounters outside of your societal norms. By doing so you condemned 60% of the world's population for not having what you would personally consider to be "normal sex". This is a biggoted way of thinking. to assume all sex must stringently conform to your norms.

[The Grand Nudger]

By simple definition, sex that is forced is non-consensual.  Twist your scrotum into a knot all you like, and this will not change.  You;re bullshitting us about rough sex, which often -is- consensual...and is not rape. No one's a biogot, for calling you out on your bullshit. Jesus christ, this is becoming so common.

[Drich]

Who makes accusations without considering all the facts???

Self righteous, simply self righteous.

Lay out any facts you think I missed.  What other obnoxious views do you hold?

as above. you wrongly assume all forced sex is not consensual sex and therefore rape. you wrongfully judged me and those who would find 'forced sex normal' for most of the world as rapists. your judgement is based off you own version of right and wrong and because you could not see a legit form of forced sex you assumed it was all wrong.. Hence my usage of the term self righteous when describing you and your failed judgement.

Is that a big enough 'miss' for ya?

[Catholic_Lady]

I have to say, that's the first time I've ever been called a bigot for thinking that forced sex is rape.

it is because you assume all forced sex is without consent, and you are not willing to examine sexual encounters outside of your societal norms. By doing so you condemned 60% of the world's population for not having what you would personally consider to be "normal sex". This is a biggoted way of thinking. to assume all sex must stringently conform to your norms.

This isn't OUR norms though. If you believe in God as I do, you believe in natural law. And forcing sex on someone is against natural law and against the person's God given human rights. Natural Law is the reason we as Christians believe that certain acts are immoral regardless of whether or not they are socially accepted. "Forced sex" being one of them. It doesn't matter if there is some village somewhere in the world where it's ok to force someone to have sex with you. It is still an intrinsically immoral act. What you're explaining above sounds like moral relativism which is why I'm so surprised it's coming from you, a Christian.

[The Grand Nudger]

I'll admit that this is super fun to watch.

[FatAndFaithless]

I have to say, that's the first time I've ever been called a bigot for thinking that forced sex is rape.

it is because you assume all forced sex is without consent, and you are not willing to examine sexual encounters outside of your societal norms. By doing so you condemned 60% of the world's population for not having what you would personally consider to be "normal sex". This is a biggoted way of thinking. to assume all sex must stringently conform to your norms.

If sex is forced, then lack of consent is implied.  Otherwise it wouldn't be forced.

Rough sex =/= forced sex.

And if you think I'm into 'normal' sex, then hoo boy.

[Joods]

I am so glad to know that dripshit is NOT an attorney. He'd be laughed out of court in a millisecond.