Sex Crimes & Statute of Limitations – Yet Another Blow to Judicial Limits (CA Senate Bill 813)

Last Modified: October 13, 2020
October 12, 2016 | Rabin Nabizadeh | Rape Attorney, Sex Crimes

Sex crimes and statute of limitations – yet another blow to judicial limits

On September 28, Governor Brown signed into law a provision that eliminates the Statute of Limitations for certain sex offenses (CA Senate Bill 813).  Currently, the statute of limitations is governed by CA Penal Code 803.  For the most part, the statute of limitations is either 10 years and can be as long as 10 years from the alleged victim’s 18th birthday.

The new bill would eliminate a statute of limitations for rape (CA Penal Code 261), sodomy, and lewd or lascivious acts (CA Penal Code 288).  The only other crime that has no statute of limitations currently is murder.

Obviously, proponents of the new law cite the need for victims to get justice.  What they failed to consider is that there is a good reason for the statute of limitations.  Victims of crime in general deserve vindication but there is no effort to eliminate the statute of limitations for all crimes.  This is so because a criminal conviction requires fresh memory and an availability of defense witnesses.  Such is the case for theft cases and such is the case for sex cases.  Perhaps someone should ask governor brown how he would find a witness for an incident that occurred 20 years ago, that could alter the course of someone’s life 20 years later.  If this questions is posed, perhaps he won’t be so quick to assuage every political pressure put upon him.

latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]