Can I report attempted rape after one year?

2. Attempted rape is a criminal case.

According to the criminal law of our country, the crime of rape can generally be sentenced to fixed-term imprisonment of more than three years and less than ten years, and the maximum penalty is death if the circumstances are serious. Therefore, the general statute of limitations for rape is ten years, and if there are serious statutory circumstances, the statute of limitations for prosecution is twenty years. If you avoid arrest after filing a case, there is no limit.

According to the criminal law, rape can generally be sentenced to fixed-term imprisonment of more than three years and less than ten years (if the circumstances are serious, it can reach 20 years), so the limitation of prosecution for its punishment is more than 15 years, which is an effective time to report or accuse.

However, the judicial organs need valid evidence for conviction and sentencing (criminal proceedings). Otherwise, the suspect cannot be convicted and punished. The longer the time span from filing a case to reporting a case, the more difficult it is to handle the case (investigate and collect evidence). Suspects or criminals may not be convicted and sentenced because of insufficient evidence.

1. What is the effective time (prosecution period) for reporting rape?

Call the police immediately after the rape. Rape is a criminal case, and the right of prosecution is exercised by public security organs and procuratorial organs, which has retrospective limitation. ?

After the following time limit, the crime will not be prosecuted:

(1) Five years have passed if the statutory maximum penalty is less than five years of fixed-term imprisonment;

(2) Ten years if the statutory maximum penalty is fixed-term imprisonment of not less than five years but not more than ten years;

(3) Fifteen years if the statutory maximum penalty is fixed-term imprisonment of not less than ten years;

(4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval. ?

Article 88 A people's procuratorate, a public security organ or a state security organ, after placing a case on file for investigation or a people's court accepts a case, evades investigation or trial, and is not limited by the time limit for prosecution.

If the victim files a complaint within the time limit for prosecution, the people's court, the people's procuratorate or the public security organ shall file a case but not file it, and it is not limited by the time limit for prosecution.

However, if the public security organ has filed a case, it is not subject to the above time limit, so it should be within two years. Otherwise, even if the limitation of prosecution is not exceeded, the case cannot be solved because the corresponding evidence cannot be obtained.

However, in practice, if it really takes two years to report the case, unless the evidence is conclusive, the public security organs will generally not file a case.

The longer it takes, the worse it will be for the victim. In the case that the victim did not report the case at that time, the general court sentenced the suspect lightly, which is the practice of the judge in practice.

Second, about the final evidence.

Article 42 of the Criminal Procedure Law stipulates that all facts that prove the true situation of a case are evidence.

There are seven kinds of evidence:

(1) Physical evidence and documentary evidence; ?

(2) Testimony of witnesses;

(3) the victim's statement; ?

(4) confessions and excuses of criminal suspects and defendants; ?

(5) Evaluation conclusion; ?

(6) Records of the inquest and inspection;

(7) Audio-visual materials. ?

The above evidence must be verified before it can be used as the basis for finalizing the case.

Three. Criteria for filing libel cases

The standards for filing libel crimes are quantified in the Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Defamation by Information Network.

Using information network to slander others, under any of the following circumstances, shall be deemed as "serious":

(1) The same defamatory information has actually been clicked, browsed or forwarded more than 5000 times on the Internet;

(2) Causing serious consequences such as mental disorder, self-mutilation and suicide of the victim or his close relatives;

(3) Defaming others within two years after being punished by administrative punishment for defamation;

(4) Other particularly serious circumstances.

In addition, libel is a case of criminal private prosecution, and the court adopts the principle of not prosecuting and ignoring it. Therefore, if you think that you have been slandered, you need to collect evidence from the information published online, and then write a criminal private prosecution and file a lawsuit with the court.

Extended data

1. The boundary between accomplished and attempted.

In China's judicial practice, taking "insertion" as the standard, the act of inserting male genitalia into female body is regarded as a crime. As for whether ejaculation has nothing to do with attempted ejaculation. However, there is a special case. If a young girl is raped, the criterion is "contact", that is, the contact between male genitals and young girls' genitals is considered a crime.

2. The sentencing standards for libel

Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

Whoever commits this crime, except those who seriously endanger social order and national interests, will be dealt with only after being told.

The so-called "prosecution before handling" here refers to the crime of libel, which will be accepted by the court only if the victim reports himself, otherwise it will not be accepted. "except those that seriously endanger social order and national interests", such as the death of the victim caused by slander; Causing public outrage among local people; Defaming foreigners affects international relations, and so on. If the victim does not tell or cannot tell, the people's procuratorate shall initiate a public prosecution.

Does not constitute:

According to the Supreme People's Court's Opinions on Implementing the General Principles of the Civil Law of People's Republic of China (PRC) (Trial);

1. Leaking or making public others' privacy, which has a bad influence on others' reputation, is an act of infringing on the right of reputation and does not constitute a crime of libel.

2. Legal persons, groups and organizations cannot be the targets of slander.

Defamation _ Baidu Encyclopedia rape _ Baidu Encyclopedia