Statute of limitations are here so victims and law enforcement don't sit on cases and thus, force a defendant to defend themselves against old charges where their memory might fade or evidence might be destroyed. However, if the delay is not caused by laziness or Mal intent, then the system does not want to punish the victim. It is understandable why a minor might not come forward in the specified time period or even understand that there is a time period of which charges must be brought.
Simple explanation around the SOL from a defense attorney blog...
Certain felony sex crimes against victims under 18 may be commenced any time prior to the victim's 28th birthday, or within 10 years after commission of the offense under certain conditions
For a sexual crime against a victim younger than 18 where the statute of limitations has run, case can be commenced within 1 year of the date a report is filed with a state law enforcement agency, provided there is admissible, independent corroborating evidence.
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Vic2001 ago
Am confused.
He is accused of these illegal acts performed a decade ago.
Three felony counts.
Why was he arrested and had to post bail?
I thought the statute of limitations would have run out on this according to California law.
I know he can undergo a civil trial.
But I though it is too late to slap him with criminal charges.
Does anyone know?
Thanks.
@lawyer4justice
lawyer4justice ago
Statute of limitations are here so victims and law enforcement don't sit on cases and thus, force a defendant to defend themselves against old charges where their memory might fade or evidence might be destroyed. However, if the delay is not caused by laziness or Mal intent, then the system does not want to punish the victim. It is understandable why a minor might not come forward in the specified time period or even understand that there is a time period of which charges must be brought.
Simple explanation around the SOL from a defense attorney blog...
Certain felony sex crimes against victims under 18 may be commenced any time prior to the victim's 28th birthday, or within 10 years after commission of the offense under certain conditions
For a sexual crime against a victim younger than 18 where the statute of limitations has run, case can be commenced within 1 year of the date a report is filed with a state law enforcement agency, provided there is admissible, independent corroborating evidence.
Blacksmith21 ago
You are performing a Yeoman's chore @Lawyer4Justice. It's good to have a real legal mind on hand to help sort some of this out. Blessings to you.
Vic2001 ago
Thank You. 🇺🇸