New York State Court Clerk Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 400

What is the deadline for filing an accusatory instrument for rape in the third degree?

2 years after the commission

10 years after the commission

The deadline for filing an accusatory instrument for rape in the third degree in New York is 10 years after the commission of the crime. New York's Penal Law outlines specific statutes of limitations for different offenses, and sexual offenses, including rape in the third degree, have extended deadlines compared to many other crimes due to the serious nature of these offenses.

This extended timeframe acknowledges the complexities often involved in sexual assault cases, where victims may take longer to come forward due to trauma or fear. By allowing 10 years for prosecution, the law aims to ensure that victims have sufficient time to gather their thoughts, seek support, and decide on the best course of action, including possibly engaging the legal process.

In contrast, shorter time frames like 2 years or 5 years would not account for the unique challenges faced by survivors of sexual violence, and a 20-year period would not be applicable under current law for this specific charge.

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20 years after the offense

5 years after the incident

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