Statue of Limitations – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 California Ends Statute of Limitations on Rape with Senate Bill 813 https://legacy.lawstreetmedia.com/news/california-ends-statute-of-limitations-on-rape/ https://legacy.lawstreetmedia.com/news/california-ends-statute-of-limitations-on-rape/#respond Thu, 29 Sep 2016 19:36:10 +0000 http://lawstreetmedia.com/?p=55857

The move was inspired by the Cosby allegations.

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"Stop Rape" courtesy of [Nigsby via Flickr]

California Governor Jerry Brown has signed legislation ending the state’s 10-year statute of limitations on rape.

Senate Bill 813, filed by State Senator Connie Leyva (D-Chino) amended the penal code so that some sex crimes, including rape, forcible sodomy, and molestation of a child, can be be prosecuted, regardless of how long ago the crime occurred.

Leyva praised Brown’s decision, saying it told every rape and sexual assault victim in the state “that they matter.” “It shows victims and survivors that California stands behind them, that we see rape as a serious crime, that victims can come forward and that justice now has no time limit,” she said.

The sexual assault allegations against scandal-plagued comedian Bill Cosby inspired the bill. Cosby’s accusers testified before the California Legislature to support the bill, dubbed the Justice for Victims Act, before it made its way to Brown’s desk. Dozens of women have accused the comedian of sexual assault dating from the 1960s to the 1990s.

“The Cosby Show” star has denied the accusations, saying his sexual encounters were consensual.

Attorney Gloria Allred, who represents some of the accusers, stated that this was a positive step. “It puts sexual predators on notice that the passage of time may no longer protect them from serious criminal consequences for their acts of sexual violence,” she said.

The new law will not work retroactively, or help those who accuse Cosby of crimes committed more than 10 years ago. It will go into effect January 1, 2017.

Bryan White
Bryan is an editorial intern at Law Street Media from Stratford, NJ. He is a sophomore at American University, pursuing a Bachelor’s degree in Broadcast Journalism. When he is not reading up on the news, you can find him curled up with an iced chai and a good book. Contact Bryan at BWhite@LawStreetMedia.com.

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California Aims to Eliminate Time Limit on Prosecuting Rape Cases https://legacy.lawstreetmedia.com/blogs/law/california-new-rape-law/ https://legacy.lawstreetmedia.com/blogs/law/california-new-rape-law/#respond Thu, 25 Aug 2016 16:31:25 +0000 http://lawstreetmedia.com/?p=55077

Will this new law hurt Bill Cosby?

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"Bill Cosby Protest in Kitchener, Ontario" Courtesy of [pixeIhouse via Flickr]

It’s been over a year since New York Magazine enlisted the help of 35 women to blow the lid off Cosby’s decade-spanning sex scandal. Unfortunately, California’s 10-year statute of limitations for prosecuting rape meant many of these women would never face their alleged abuser in court. And that didn’t sit well with Golden State lawmakers.

On Thursday, the California Assembly passed a bill to eliminate the time limit for prosecuting rape and other felony sex crimes. Now the bill referred to as SB 813 is on its way to the state Senate, which passed an earlier version of legislation 33-0 in June, according to the LA Times. If it is successful there, it could be signed into law by Governor Jerry Brown before the session ends.

The updated legislation is designed to ensure that victims of sexual assault will have more opportunities to bring their assailants to justice. Under the existing law, California mandates that rape and felony sex crimes must be prosecuted within 10 years of when the assault occurred, unless DNA evidence surfaces after the statute of limitations passes. But it isn’t the only state to have time limits for prosecuting these types of crimes.

Nearly half of the states in this country have a statute of limitations for these crimes. Understanding where each state stands can be confusing at times since the U.S. hasn’t standardized its terminology for what is considered sexual assault (some states define it as: Sexual Offense, Forcible Rape, Criminal Sexual Conduct, Sexual Battery, etc.) Many states do, however, make exceptions when the victims happen to be minors. But even in these cases many victims must report their attacks before they reach a certain age.

Opponents of the bill, which included the California Public Defenders Association and some victims’ rights groups, spelled out a list of reasons for why statute of limitations exist for rape cases. They say the time limits are meant to decrease the chances of wrongful convictions due to inaccurate memories, deaths of witness, and lost or tampered evidence.

According to the Daily Mail, three of Cosby’s alleged victims spoke before the California Senate in June to support the bill. They include Victoria Valentino, a former Playboy Model who claimed Cosby raped her in Hollywood in 1969; “Kacey,” who said the comedian sexually assaulted her 20 years ago in Bel-Air; and the actress Lili Bernard, who claimed she was raped by Cosby in the ’90s in Atlantic City, New Jersey.

“War criminals, no matter how many decades have passed, cannot evade prosecution,” Bernard told the Senate committee. “I am asking you to do the same thing for us, rape survivors, who survived the war upon our body.”

Unfortunately for her, if the bill passes, California won’t be prosecuting Cosby for any former allegations, since charges cannot be brought retroactively. The bill would only apply to crimes committed after January 1, 2017, or to incidents where the statute of limitations hadn’t run out by that date.

Click here to learn more about your state’s laws governing sex crimes using Rape Abuse Incest National Network’s database.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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