Tucson, AZ asked in Criminal Law, Sexual Harassment and Civil Rights for Arizona

Q: A sexual assault happened to me in NY state over 5 years ago. However I currently live in Arizona. How do I report this.

3 Lawyer Answers
Mike Branum
Mike Branum
Answered
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: Unless the crime committed against you meets the criteria to be considered a rape, the statute of limitations has run on your case and charges may not be filed. NY has increased the SoL on rape to 10 or 20 years but sexual assaults are still either 3 or 5 depending on whether the crime was classified as a misdemeanor or a felony. Since I am not licensed in NY, I would recommend you ask this question to those attorneys who ARE licensed in NY. There is nothing you can do from within the State of Arizona about a crime committed in NY (unless the crime was one perpetrated across state lines and fell under the FBI's jurisdiction - highly unlikely in your case).

James Avery
James Avery
PREMIUM
Answered
  • Civil Rights Lawyer
  • Denver, CO

A: Sexual assault, like any crime, needs to be reported to the local police where the offense occurred for there to be proper jurisdiction to investigate and prosecute the crime (if timely). Even if not timely, your testimony could serve another victim (as done in Harvey Weinstein’s trial). Feel free to contact me for more detailed information (I need more facts.)

Stewart Salwin
Stewart Salwin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: I agree with Mr. Avery, if you have been the victim of a crime, it is best to report the incident to the local law enforcement agency where the crime occurred rather than attempt to determine the statute of limitations yourself if there is any doubt. Statute of limitations laws often have nuances and exceptions which make the answer vary depending on the facts of the case.

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