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In reply to the discussion: ‘X-Men’ Director Bryan Singer Accused of Sexually Abusing Teenage Boy [View all]Xithras
(16,191 posts)In Hawaii, the age of sexual consent is 16, so he can't be charged under that states child molestation laws. Additionally, the maximum statute of limitations on sexual assault cases in 6 years in Hawaii, with a delay for those under 18 that stops the clock until the 18th birthday is reached. After that extension, the limitation was reached in 2006.
In California, the statute of limitations for non-aggravated rape (rape that does not involve a weapon or major bodily injury) is also six years. Aggravated rape charges have no statute of limitations in California, but can ONLY be filed if the prosecutor can prove that one of the "Aggravated" qualifiers exist...an impossible feat at this point without photos or a police report.
He could, theoretically, be charged under a federal law that makes it a crime to transport minors across state lines for sex, even when those states have ages of consent under 18. Unfortunately, that law ONLY applies if the minor was transported between states for the purpose of sexual contact. If they were transported across state lines for other purposes, and sexual contact later occurs (whether consensual or otherwise)...the law doesn't apply. It was written specifically to prevent people from taking teens to states with a lower age of consent for sex, and doesn't really apply beyond that. In order to convict under that law, simply proving sex or rape wouldn't be enough...the prosecution would have to prove that Singer took the boy to Hawaii in order to rape him. Again, we're talking about a nearly impossible feat at this late date.
In other words, criminal prosecution is not possible.