PUERTO RICO : Rape/Molestation Statutes of Limitation
Any person who performs sexual penetration, whether vaginal, anal, oral-genital, digital or instrumental under any of the following circumstances commits sexual assault:
1. When the victim has not yet reached the age of sixteen (16) at the time of the commission of the offense.
2. When due to illness or mental disability, whether temporary or permanent, the victim is unable to understand the nature of the act at the time of its commission.
3. When the victim has been compelled into the act by means of physical force, violence, intimidation or the threat of serious and immediate bodily harm.
4. When the victim's capability to consent has been annulled or diminished substantially by means of hypnotics, narcotics, depressants or stimulants, or otherwise similar means or substances.
5. When at the time of the commission of the act the victim is not conscious of its nature and this circumstance is known to the person accused.
6. When the victim submits to the act by means of deception, trickery, simulation or cover up with respect to the identity of the person accused.
7. When the victim is forced or induced by means of abuse or physical or psychological violence into participating or becoming involved with an unwanted sexual relationship with third parties.
8. When the accused person has kinship with the victim, for being an ascendant or descendant relative, or consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree.
9. When the accused person takes advantage of the trust deposited in him by the victim because there is a relationship of superiority due to having the victim under his custody, guardianship, or primary or middle school education, or special, medical or psychotherapeutic treatment, or any type of counseling, or because there is a relationship of religious belief leadership with the victim.
Any person who without the intention to consummate the offense of sexual assault submits another person to an act that tends to awaken, excite or satisfy the sexual passion or desire of the person accused, under any of the following circumstances hereinbelow commits lascivious acts.
1. When the victim has not yet reached the age of sixteen (16) at the time of the commission of the offense.
2. When the victim has been compelled into the act by means of physical force, violence, the threat of serious and immediate bodily harm or intimidation, or by means of hypnotics, narcotics, depressants or stimulants, or otherwise similar means or substances.
3. When the victim, due to illness or a temporary or permanent mental disability, was unable to understand the nature of the act.
4. When the victim is compelled into the act by means of the use of deceptive means that, without his consent, substantially annul his capacity to understand the nature of the act.
5. If the accused person has kinship with the victim, by reason of being an ascendant or descendant relative, by consanguinity, adoption or affinity, or collateral by consanguinity or adoption up to the third degree.
6. When the accused person takes advantage of the trust deposited in him by the victim because there is a relationship of superiority due to having the victim under his custody, guardianship, or primary or middle school education, or special, medical or psychotherapeutic treatment, or any type of counseling, or because there is a relationship of religious belief leadership with the victim.
The statute of limitations for any of these acts committed against a minor is 5 years after the victim's 21st birthday.
Bob commits sexual assault against Jane when she's 15 years old. In order for Bob to be tried and convicted for his actions, charges must be sought within 5 years of Jane's 21st birthday.
In general, the statute of limitations for felonies is 5 years after the commission of the act.
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