DELAWARE : Rape/Molestation Statutes of Limitation
In the state of Delaware, a person commits first-degree rape if:
1. The sexual intercourse occurs without the victim's consent and during the commission of the crime, or during the immediate flight following the commission of the crime, or during an attempt to prevent the reporting of the crime, the person causes physical injury or serious mental or emotional injury to the victim; or
2. The sexual intercourse occurs without the victim's consent and it was facilitated by or occurred during the course of the commission or attempted commission of:
a. Any felony; or
b. Any of the following misdemeanors: reckless endangering in the second degree; assault in the third degree; terroristic threatening; unlawfully administering drugs; unlawful imprisonment in the second degree; coercion; or criminal trespass in the first, second or third degree; or
3. In the course of the commission of rape in the second, third or fourth degree, or while in the immediate flight therefrom, the defendant displayed what appeared to be a deadly weapon or represents by word or conduct that the person is in possession or control of a deadly weapon or dangerous instrument; or
4. The sexual intercourse occurs without the victim's consent, and a principal-accomplice relationship within the meaning set forth in section 271 of this title existed between the defendant and another person or persons with respect to the commission of the crime; or
5. The victim has not yet reached that victim's twelfth birthday, and the defendant has reached that defendant's eighteenth birthday; or
6. The victim has not yet reached that victim's sixteenth birthday and the defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
First-degree rape is a Class A felony.
A person commits second, third or fourth-degree rape if he:
1. Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's sixteenth birthday; or
2. Intentionally engages in sexual intercourse with another person, and the victim has not yet reached that victim's eighteenth birthday, and the person is 30 years of age or older, except that such intercourse shall not be unlawful if the victim and person are married at the time of such intercourse; or
3. Intentionally engages in sexual penetration with another person under any of the following circumstances:
a. The sexual penetration occurs without the victim's consent; or
b. The victim has not reached that victim's sixteenth birthday; or
4. Intentionally engages in sexual intercourse or sexual penetration with another person, and the victim has reached that victim's sixteenth birthday but has not yet reached that victim's eighteenth birthday and the defendant stands in a position of trust, authority or supervision over the child, or is an invitee or designee of a person who stands in a position of trust, authority or supervision over the child.
Second and third-degree rape are Class B felonies. Fourth-degree rape is a Class C felony.
The there is no statute of limitations for first-degree rape (Class A felony) in the state of Delaware.
Bob commits first-degree rape against Jane. At any time in her life thereafter, she may seek charges against Bob as there is no time limit in Delaware for how long she can wait.
The statute of limitations for second, third, and fourth-degree rape (Class B and C felonies) in the state of Delaware is ten (10) years.
Bob commits second-degree rape against Jane. After six years, Jane reports the crime. Because Delaware allows Jane ten (10) years to have charges brought against Bob, Bob can still be convicted of the crime.
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