Duke v. State

In Duke v. State, 298 Ga. App. at 720 (1), the defendant was indicted the day after Flournoy, on January 8, 2008, and charged with the rape of his daughter between January 1, 1992 and April 30, 1994. The victim was between 13 and 15 years of age during that time period. The crime was not reported to law enforcement until sometime in 2006 or 2007, long after the victim turned 16. The Court affirmed the trial court's application of both the 1996 amendment to OCGA 17-3-1 and the tolling provisions of OCGA 17-3-2.1 in finding that the statute of limitation ran 15 years from January 12, 1995, the victim's 16th birthday, and thus did not expire until January 12, 2010. Id.