My girlfriend called the police a week ago and told them that 2 years ago when she was 17 and I was 23 that I had sex with her? We broke up two weeks ago and she is trying to get back at me? Can I still be prosecuted after two years?

The answer is YES. There is a three year statute of limitations for having sexual intercourse with someone under age 18. (Penal Code Section 261.5)  This means that you can be arrested and prosecuted for up to three years from the last date of sexual intercourse if your girlfriend was under age 18 at the time. However, in reality since she waited this long there is a good chance that if you retain an experienced sex crimes defense law firm that we can prevail on your behalf.

Unless you speak to the police and “admit” to having sexual intercourse with her, it will be her word against your word. So the strongest advise would be not to speak to the police under any circumstances. They will likely come to speak to you as they will want to obtain a “confession” from you. DO NOT SPEAK TO THEM.

The best advise in a case like this is to speak to our law firm now so we can help you and try to avoid these serious charges from being filed against you.