Expert: Robin Sexton - 8/22/2009

Question
can you please tell me the statue of limitations in new jersey that one can file a accusation of rape?  If you go to a dr. and say you were raped and they do a rape kit, aren't they legally bound to report such thing to the authorities with or without your consent?  I am trying to help a friend, who is being accused of rape, he has proof he didn't do this, this females husband caught her cheating and this is a horrible excuse.  Can his texts from her be used as proof in his defense?

Answer
Reggie,

Sorry about the problems you friend is having.  Statute of limitations in this situation as in most states will be several years so probably not a factor.  Most states require the reporting of sexual assaults only with children.  Adults are not part of the requirement by medical professionals.  If your friend has text messages definitely keep them as they are evidence. Most text services to not retain them on their servers so the only record is what is on his phone.  Another possibility that your friend can do would be submit to a police polygraph.  However consult with a attorney prior to.

Hope this helps

robin