The length of time that prosecutors have to file a case depends on when the alleged assault occurs.
One of the most critical aspects of the California criminal code is the statute of limitations. This is the period of time that a prosecutor has to file a criminal charge against a person. If the charge is not filed within that period of time, then the charge cannot be filed at all — it is barred by the statute of limitations. If a prosecutor does file criminal charges after the statute of limitations has elapsed, an experienced criminal defense attorney San Bernardino, CA can file a motion to dismiss the charges on that basis.
Under California law, sexual assault charges now have two different statutes of limitations depending on when the alleged crime occurred. This can be particularly confusing for anyone who is inexperienced in criminal law. The most important thing to remember about sexual assault laws is that the alleged crime is controlled by (1) the type of sexual assault charged and (2) the statute of limitations that was in place at the time that it occurred.
As a seasoned criminal defense attorney San Bernardino, CA can explain, there are different types of sexual assault charges under California law. Aggravated rape is the most serious of sexual assault charges, involving rape with a weapon, more than one person, or serious bodily injury to the victim. There is no statute of limitations for aggravated rape in California. Non-aggravated rapes carry a statute of limitations of 6 years. However, due to the advancement of science, there is an exception to this rule: if a DNA test can conclusively prove the identity of a rapist, even after the statute of limitations on a non-aggravated rape has run, the prosecutor can file rape charges within 1 year of the discovery of this evidence.
Significantly, all rapes committed after January 1, 2017 are not subject to a statute of limitations. This includes both aggravated and non-aggravated rapes. This new law was believed to be inspired by the allegations against Bill Cosby, who escaped prosecution for alleged rapes committed in California due to the statute of limitations. Similarly, prosecutors recently declined to prosecute writer and director James Toback for multiple allegations of sexual assault because they were reported after the statute of limitations had expired.
Other types of sexual assault charges have different statutes of limitations. For example, child molestation carries a 10 year statute of limitation — with a significant loophole. It can also be prosecuted within one year of when the victim tells the police about the crime. If a victim does not report child molestation to the police until more than 10 years after he or she was abused, then the alleged abuser can still be prosecuted if the charge is filed within 1 year of that report.
Sexual assault charges can be particularly stressful for a defendant, as they are difficult to defendant against, and simply being charged can have a catastrophic impact on a person’s life. That is why it is vital to have a skilled criminal defense attorney San Bernardino, CA to represent you if you believe that you may be charged with a crime related to sexual assault. An aggressive lawyer can advocate for you throughout the process, and can help you get the best possible results.
If you have been charged with a crime in San Bernardino or the surrounding areas, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Initial consultations are always free and confidential.
