When do you prescribe a sex crime? Can we wait to report it when we’re adults?
There are many reasons why a victim may decide not to report a sexual offense. The situation is complicated by the talk of minors, who may not be aware until adultages of their willingness to report. In these cases, prescribing crimes can be a problem in exercising the rights of the victim in court.
How is the prescription for these crimes counted?
The rule provides for a specialty for juveniles in prescription: it will only begin counting when the victim turns 18.
Article 131 of the Penal Code provides that, as a general rule, they shall prescribe offences to:
– 30 years old, prison for more than 20 years.
– the 25 years, those in prison aged 15 years or older without exceeding 20.
– 20 years, where the maximum sentence reported to the crime is imprisonment of 15 without exceeding 20 years
– 15, where the maximum penalty indicated by law is disabled for more than 10 years, or imprisonment for more than 10 years and less than 15 years.
– 10, where the maximum penalty designated by law is imprisonment or disqualification for more than five years and not exceeding 10.
– the five other offences, except those of slander and minor offences, which are prescribed per year.
So, for the most serious cases of sexual offences against minors (with penalties of up to 15 years), victims up to 33 years of age may report, a limit that results from the sum of the limitation period and the age from which the prescription begins to run n (18 years).
From our law firm TOSCANOLEX,we want to transmit, as well as provide advice to those in this situation, being able to denounce these types of actions, being essential to take the prevention measures that are deed Timely.