An allegation of rape is usually particularly serious. Such an accusation or report can not only have significant criminal consequences but can also affect one’s entire life. While criminal law cannot cushion the social consequences of such an act, the legally regulated statute of limitations is intended to ensure that legal peace is eventually restored.
Accused individuals should not have to live their entire lives with the worry of being charged with a crime—which they may not have committed. There are two different types of rape that must be considered. In this article, we will show you when this statute of limitations for rape applies and which deadlines must be observed.
Do you require legal assistance? To assert the statute of limitations in proceedings, active involvement is required so that the case can be dismissed. We are by your side to ensure that you are not prosecuted for a crime that has long since lapsed. We offer comprehensive advice and representation—both in and out of court. Do not hesitate to contact our lawyers for a non-binding initial consultation.
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When does rape occur?
Rape is regulated in Section 177 (6) of the German Criminal Code (StGB) and concerns cases in which a person performs sexual intercourse, has it performed, or carries out or has carried out similar humiliating sexual acts against the will of the victim.
These acts are considered particularly serious if they especially humiliate the victim. This is particularly the case if they involve penetration of the body—regardless of whether this is done with a body part or an object. Rape thus represents a particularly serious case of sexual assault (Section 177 StGB).
For rape to occur, the opposing will of the victim, i.e., the other person, must be present. Since the 2017 criminal law reform, the requirements in this context have been lowered, so that criminal behavior already exists if the opposing will is ignored—the use of force or threats is no longer required.
The decisive factor is that the opposing will is recognizable from the perspective of an objective third party. As soon as it becomes clear that the other person does not consent to the sexual acts, this can constitute rape. This is the case in clear instances such as an express “no” or physical resistance by the victim.
You can find more about sexual criminal law and other offenses on our site.
What is the potential penalty?
According to Section 177 (6) StGB, the sentence for rape will range between 2 and 15 years of imprisonment. A fine is not provided for.
In cases resulting in death (Section 178 StGB), where the victim dies at least through negligence as a result of the act, the sentence can even be life imprisonment.
The exact circumstances of the act, the severity of the actions, the personal circumstances of the perpetrator, and possible mitigating factors are taken into account during sentencing. The sentence is later important for calculating the respective limitation period for prosecution.
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Rape: When does the statute of limitations apply?
The statute of limitations depends on the sentence for the act. In criminal law, a distinction is made between the statute of limitations for prosecution and the statute of limitations for enforcement:
Statute of limitations for prosecution in rape cases
When we talk about the statute of limitations, we usually mean the limitation period for prosecution. This determines how long a crime can still be charged and sentenced. After the limitation period has expired, legal peace must be established for the investigative authorities and the accused. The limitation period is calculated based on the maximum sentence prescribed by law, which is 15 years for rape.
The statute of limitations for prosecution in rape cases is generally 20 years. This follows from Section 78 (3) No. 2 StGB.
The limitation period generally begins with the completion of the act, i.e., usually at the time of the last criminal behavior (Section 78a StGB). However, there are special regulations, for example, if the victim was a minor. In such cases, the limitation period only begins to run when the victim reaches the age of 30 (Section 78b (1) No. 1 StGB).
An interruption of the statute of limitations can occur due to various circumstances, such as certain procedural actions by the prosecution authorities (Section 78c StGB). In such cases, the limitation period may start to run anew.
However, prosecution is barred by the statute of limitations at the latest (regardless of how often it was interrupted) when twice the period specified in Section 78a StGB has elapsed.
Statute of limitations for enforcement in rape cases
The statute of limitations for enforcement must be distinguished from the limitation period for prosecution. This applies whenever the defendant has already been convicted of rape, but the enforcement of the sentence (for example, serving the prison sentence) is still pending. Unlike the limitation period for prosecution, this period is based on the specific sentence imposed in the judgment.
The statute of limitations for enforcement in rape cases is usually 10 years according to Section 79 (3) No. 3 StGB . This period begins on the day the judgment becomes final. This means that the enforcement of the sentence must take place within 10 years of the conviction; otherwise, the sentence can no longer be enforced.
Accusation of rape: Why support from a lawyer is important
If you are accused of rape, you should definitely take it seriously. However, remain calm and do not make any hasty decisions. It is advisable not to simply wait and see, even if you believe the act is already time-barred.
Particularly in the case of serious crimes or a criminal complaint, the investigative authorities are obliged to investigate the allegations and, if necessary, bring charges. It is therefore crucial to seek support early and not let valuable time pass. Do not hesitate to contact us at any time to arrange an initial consultation.
Have you received a police summons? In this case, you should not make a statement to the police, especially not without prior legal advice. Even if you only want to present your side of the story and protest your innocence, an ill-considered statement can lead to serious self-incrimination and ultimately contribute to your conviction.
An experienced criminal defense lawyer will instead decline the police summons and request access to the case files. You can only obtain this insight into your own criminal file with the support of a lawyer. A statute of limitations should also be actively introduced into the proceedings to stop the investigation. It is therefore essential to contact a lawyer as early as possible to provide you with comprehensive support in your case.
As experienced criminal defense attorneys, we have already achieved early dismissal of proceedings, reduced sentences, or acquittals for many clients. We are happy to provide legal representation if you face an accusation and will advise you comprehensively on a possible defense strategy. Schedule an initial consultation with us at any time.
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