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QLD Rape Committed 15 Years Ago - Still Charge Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Brownie, 25 February 2015.

  1. Brownie

    Brownie Member

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    A person has been raped at least 15+ years ago in another country, say New Zealand but both live in Queensland. Now a hypothetical story, of course, but I would like to know a few scenarios that could come of it

    - Could the man still be charged with sexual assault under criminal law? And how hard would the process be after all this time?

    - Would it be a New Zealand police matter or Australian?

    Any answers are much appreciated, thank you
     
  2. Sophea

    Sophea Well-Known Member

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    If the crime was committed in New Zealand then it would be dealt with under New Zealand law, however pursuant to the Extradition Act 1988, criminals may be extradited to New Zealand by Australian authorities for the purpose of being prosecuted for a crime in NZ.

    Generally speaking there is no time limitation on prosecution for criminal offences, and I assume the position is the same in NZ.

    In short, yes the man could still be charged and it would be both an Australian and NZ police matter. NZ would have to make an extradition request to Australia which our police would give effect to.
     
  3. Brownie

    Brownie Member

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    Thank you very helpful
     

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