My ex husband has been sitting in jail for almost two years for a child rape. How long could it be before he gets charged and suffers for this crime?

Answer 1

The answer depends on the laws in your country and the details. You need to consult with an attorney who can review the case and explain the status to you. You could also visit the local prosecutor's office and ask to speak with an advocate who could explain the process to you.

In the United States people who are arrested cannot be held for an unreasonable amount of time without being charged by the prosecutor. In the US your ex-husband cannot have been held in prison for two years without being charged. Every state as well as the federal government has a speedy trial statute that requires a defendant to be brought to trial within a specified time after indictment, generally a year or less. That time is extended by pre-trial motions, discovery needs and other issues that arise in any pre-trial setting implicating the interests of both parties. If the government has moved for a continuance of the trial, either the defendant must agree with it or the speedy trial clock keeps running. One would need to check the individual state statutes for any exceptions. The government cannot keep someone in jail pre-trial for as long as it is advantageous for the prosecution.

In most states prosecutors have 72 hours to bring charges. Once the charges have been brought there is an arraignment hearing. The U S Constitution guarantees the right to an attorney but you need to specifically request it during initial questioning. It up to the individual to see that their constitutional rights are enforced.

Child rape cases are no different than other criminal cases and the same requirements of proof, rules of evidence, in-court testimony of witness, etc., apply. The United States Constitution applies to these cases in the same way it applies to all others.