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babylonsister

(171,066 posts)
Wed Sep 28, 2016, 10:29 PM Sep 2016

California Ends Statute Of Limitations For Rape After Cosby Allegations

http://www.huffingtonpost.com/entry/california-statute-of-limitations-rape-cosby_us_57ec4218e4b082aad9b92137?section=politics


California Ends Statute Of Limitations For Rape After Cosby Allegations
The law abolishes a 10-year limit for rape and child molestation charges.
09/28/2016 08:36 pm ET

Michael McLaughlin Reporter, The Huffington Post


Rapists and child molesters will no longer be able to avoid prosecution due to the statute of limitations in California.

The Justice for Victims Act, signed by Gov. Jerry Brown (D) Wednesday, abolishes the state’s 10-year statute of limitations for rape, child molestation and other felony sex crimes, starting next year.

“Rape survivors face many barriers to reporting this crime, but an arbitrary legal time limit is no longer a barrier in California,” said Caroline Heldman, an Occidental College professor who co-chaired the EndRapeSOL campaign that called for such a law. “This law will only affect a small number of survivors who have solid evidence that a crime occurred many years after the fact, but for these survivors, this law is life-changing.”

Seventeen other states have already eliminated the statute of limitations on rape, the Associated Press reports, citing the California Women’s Law Center.

The change comes after dozens of women have accused comedian Bill Cosby of sexual abuse. Except for one case in suburban Philadelphia, prosecutors couldn’t charge Cosby because the alleged incidents took place too long ago. Cosby has pleaded not guilty in that case.

more...

http://www.huffingtonpost.com/entry/california-statute-of-limitations-rape-cosby_us_57ec4218e4b082aad9b92137?section=politics
6 replies = new reply since forum marked as read
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California Ends Statute Of Limitations For Rape After Cosby Allegations (Original Post) babylonsister Sep 2016 OP
about damned time niyad Sep 2016 #1
Thank you! Kick! sheshe2 Sep 2016 #2
Are statutes of limitation ever reasonable? David__77 Sep 2016 #3
This is a good development. Maybe now they can get Cosby. Hekate Sep 2016 #4
Doubtful, ex post facto laws are unconstitutional Spider Jerusalem Sep 2016 #5
I agree with this, but can someone explain... Orrex Sep 2016 #6

David__77

(23,404 posts)
3. Are statutes of limitation ever reasonable?
Thu Sep 29, 2016, 01:24 AM
Sep 2016

Upon first thought, they strike me as reasonable, even in the case of sexual assault. Certainly, they also strike me as arbitrary, by nature.

 

Spider Jerusalem

(21,786 posts)
5. Doubtful, ex post facto laws are unconstitutional
Thu Sep 29, 2016, 05:39 AM
Sep 2016

so it would only apply to cases after the change in the law, most likely.

Orrex

(63,212 posts)
6. I agree with this, but can someone explain...
Thu Sep 29, 2016, 09:03 AM
Sep 2016

For a particular crime that occurred in the past, does the then-current penalty apply even if that penalty is later changed? That is, if a crime committed in 1985 would have incurred a $50 fine, what happens if the fine is later changed to $5,000 instead?

Is the criminal responsible for fines/penalties at the time of the crime or at the time of conviction?



Thanks!

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