Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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California lawmakers just passed a law that eliminates the “statute of limitations”–the time limit–for filing sexual assault charges in California.
The law, known as SB 813 or the “Justice for Victims Act,” was inspired by the recent wave of allegations that the actor Bill Cosby sexually assaulted multiple women decades ago. Most of these allegations could not lead to criminal charges, including in California, because statutes of limitations had expired.
Under existing California law, there was a ten-year statute of limitations for bringing charges of most sex crimes. This means that prosecutors could only charge someone with a sex offense within ten (10) years of when the crime was alleged to have occurred. (There were exceptions to that time limit for cases where new DNA evidence was found, or where the victim had been under eighteen when the crime occurred.)
This new law changes that. Now there will be NO statute of limitations for bringing charges of the following California felony sex crimes:
What this means is that prosecutors can charge you with one of those crimes decades after it is supposed to have occurred. Prior to the passage of this law, that was something that could only happen with cases of murder, or felonies punishable by death or life in prison.
SB 813 will apply to all crimes committed after January 1, 2017, AND to all sex crimes whose statute of limitations will have not yet run on January 1, 2017. (In practice that means it will apply to most sex crimes committed on or after January 2, 2007.)
The “Justice for Victims Act” is a feel-good law for politicians and people who have not had the misfortune of dealing with the criminal justice system. But California defense attorneys, and organizations like the American Civil Liberties Union, are deeply concerned about the potential negatives of SB 813. It becomes much harder to defend against unfair charges when more time has elapsed since the crime has taken place.
Imagine learning that you are being charged with a sexual assault that took place 30 years ago, of a victim you barely remember meeting. Would you remember where you were and what you had been doing? Would you even know who to call as a witness on your behalf? This kind of situation is particularly unfair to lower-income defendants who may not have the resources to hire a top-notch criminal defense attorney.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
People required to register as a sex offender typically must do so within a short amount of time following their sentencing or release from custody. Jurisdictions have different definitions for a short amount of time, but it is most often this is within three to five days. Most jurisdictions also require offenders to re-register (or ...
Yes. Statutory rape is another term for the Nevada crime of statutory sexual seduction (NRS 200.368). Statutory rape is when an adult has consensual sex with a 14- or 15-year old child. However, Nevada law has a close-in-age exception where 14- and 15-year olds may lawfully have consensual sex with people less than four years ...
Beginning January 1, 2017, California has several new laws affecting people charged with sexual assault. The new laws have been inspired by high-profile cases such as the allegations against entertainer Bill Cosby and the light sentence handed down to convicted Stanford swimmer Brock Turner. The first important change is the complete elimination of any statute of limitations ...
In general, defendants convicted of any of the following crimes – or attempts to commit the following crimes – are people required to register as sex offenders in Colorado: Sexual assault – 18-3-402 C.R.S. Sexual assault in the first degree – 18-3-402 C.R.S. – as it existed prior to July 1, 2000. Sexual assault in ...