1. How long is the prosecution period for the crime of rape
The general prosecution period for the crime of rape is ten years. If there are statutory aggravating circumstances, the prosecution period is twenty years. If the case is filed to avoid prosecution, it is not subject to the limitation of prosecution.
If the crime is no longer prosecuted after the following period, the statute of limitations for the crime of rape has expired and the rapist can no longer be held accountable:
(1) The statutory maximum penalty is not more than five years in prison. If the crime of rape is not prosecuted for five years, the statute of limitations for the crime of rape shall expire.
(2) If the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years, the statute of limitations for the crime of rape shall expire after ten years.
(3) If the statutory maximum penalty is fixed-term imprisonment of more than ten years, the statute of limitations for the crime of rape shall expire after fifteen years.
(3) If the statutory maximum penalty is life imprisonment or death, the statute of limitations for the crime of rape will expire after twenty years. If it is deemed necessary to pursue prosecution after twenty years, it must be reported to the Supreme People's Procuratorate for approval.
(4) Anyone who evades investigation or trial after the People’s Procuratorate, Public Security Bureau, or National Security Bureau has filed a case for investigation or the People’s Court has accepted the case shall not be subject to the statute of limitations for the prosecution of the crime of rape.
(5) If the victim files a complaint within the prosecution period, but the People’s Court, People’s Procuratorate, and Public Security Bureau should file a case but do not, the statute of limitations for the crime of rape will not apply.
II. The statute of limitations for the crime of rape
(1) my country's "Criminal Law" stipulates that using violence, threats or other means to force sexual relations with a woman against her will constitutes Those who commit rape shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. According to the provisions of the Criminal Law on the statute of limitations for prosecution, the general statute of limitations for the crime of rape is ten years. In other words, within ten years, the victim and his close relatives have the right to file a complaint with the judicial authority and request criminal liability. Compensation is only a disposition of the civil rights of both parties, and neither party has the right to be exempted from criminal liability pursued by the state.
(2) The crime of rape is a public prosecution case and should be prosecuted by the procuratorate. But the crime of rape has a statute of limitations. In other words, a woman who was raped can report the crime during the prosecution period. Depending on your circumstances, rape is punishable by 3 to 10 years in prison, valid for 10 years from the date of the crime. If another crime is committed during the prosecution period, the statute of limitations will be recalculated.
No matter what the case is, there will be a statute of limitations for prosecution. As long as it is within the statutory statute of limitations, the people's court will hear the case. If the statute of limitations stipulated by the court is exceeded, the people's court will not accept the case. Based on the above situation, we can see that the statute of limitations is more important than the evidence. When the evidence is sufficient, there is no meaning if the statute of limitations has expired.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 87 of the Criminal Law
If the crime has passed the following period, there will be no prosecution:
①The statutory maximum penalty is five years’ imprisonment For the following cases, the statute of limitations is five years.
② If the statutory maximum penalty is fixed-term imprisonment of more than 5 years but less than 10 years, the statute of limitations for prosecution shall be 10 years.
③If the statutory maximum penalty is more than 10 years in prison, the statute of limitations shall be 15 years.
4) If the statutory maximum penalty is life imprisonment or death, the statute of limitations is 20 years. If it is deemed necessary to pursue prosecution after 20 years, it can still be pursued with approval from the Supreme People's Procuratorate.