Politics and Religion

for the LAWYERS HERE:how are they prosecuting a rapist when it seem the statue of limitations ran ou
xfean 14 Reviews 2259 reads
posted

for the LAWYERS HERE:how are they prosecuting a rapist when it seem the statue of limitations ran out


Jaycee Lee Dugard case and Phillip Garrido the rapist

-- Modified on 4/19/2011 1:33:18 PM

There have been a slew of measures extending the Statute of Lim.  If the Stat had run between the time of the offense and that date of the new legislation, it could not be prosecuted, but if it had not run it could be extended.

You would have to look at the date of the charged offenses, and compare it to all the dates the statute was amended.  

Another thing:  I don't know when the last time he had sex with her was.  If he had sex with her in the last 8 years, they would each start a new statute.  In CA you can get full sentences for each time you go in a hole.  If you have vaginal sex, pull out and get oral, pull out and do Greek, then back to vaginal, you have committed 4 seperate offenses and can get 4, 6, or 8 years for each.  

There have been scores of sentences in sex cases over 250 years.  The longest sentence I heard of was 989 years to life.

ALSO, kidnapping does not end until the victim is released.  It is an on going offense.  That means that until the day that they found her, the statute hadn't begun to run.  If I recall, kidnap for the purpose of rape carries a life sentence.  The rape could have been finished, but the kidnap FOR rape continued.

I don't want to look at it in detail, unless I get paid, but that is the basics.

Does that answer the question.

Posted By: xfean
for the LAWYERS HERE:how are they prosecuting a rapist when it seem the statue of limitations ran out


Jaycee Lee Dugard case and Phillip Garrido the rapist

-- Modified on 4/19/2011 1:33:18 PM
-- Modified on 4/19/2011 3:36:21 PM


YES!

THANK YOU!

it answer my question.

now I know that the statue of limitation on rape is 8 years

Posted By: dncphil
There have been a slew of measures extending the Statute of Lim.  If the Stat had run between the time of the offense and that date of the new legislation, it could not be prosecuted, but if it had not run it could be extended.

You would have to look at the date of the charged offenses, and compare it to all the dates the statute was amended.  

Another thing:  I don't know when the last time he had sex with her was.  If he had sex with her in the last 8 years, they would each start a new statute.  In CA you can get full sentences for each time you go in a hole.  If you have vaginal sex, pull out and get oral, pull out and do Greek, then back to vaginal, you have committed 4 seperate offenses and can get 4, 6, or 8 years for each.  

There have been scores of sentences in sex cases over 250 years.  The longest sentence I heard of was 989 years to life.

ALSO, kidnapping does not end until the victim is released.  It is an on going offense.  That means that until the day that they found her, the statute hadn't begun to run.  If I recall, kidnap for the purpose of rape carries a life sentence.  The rape could have been finished, but the kidnap FOR rape continued.

I don't want to look at it in detail, unless I get paid, but that is the basics.

Does that answer the question.
Posted By: xfean
for the LAWYERS HERE:how are they prosecuting a rapist when it seem the statue of limitations ran out


Jaycee Lee Dugard case and Phillip Garrido the rapist

-- Modified on 4/19/2011 1:33:18 PM
-- Modified on 4/19/2011 3:36:21 PM


That knowledge could be dangerous.  The stat in other states may vary, and in CA it can be extended.  Don't know about other states.  

Posted By: xfean

YES!

THANK YOU!

it answer my question.

now I know that the statue of limitation on rape is 8 years
Posted By: dncphil
There have been a slew of measures extending the Statute of Lim.  If the Stat had run between the time of the offense and that date of the new legislation, it could not be prosecuted, but if it had not run it could be extended.

You would have to look at the date of the charged offenses, and compare it to all the dates the statute was amended.  

Another thing:  I don't know when the last time he had sex with her was.  If he had sex with her in the last 8 years, they would each start a new statute.  In CA you can get full sentences for each time you go in a hole.  If you have vaginal sex, pull out and get oral, pull out and do Greek, then back to vaginal, you have committed 4 seperate offenses and can get 4, 6, or 8 years for each.  

There have been scores of sentences in sex cases over 250 years.  The longest sentence I heard of was 989 years to life.

ALSO, kidnapping does not end until the victim is released.  It is an on going offense.  That means that until the day that they found her, the statute hadn't begun to run.  If I recall, kidnap for the purpose of rape carries a life sentence.  The rape could have been finished, but the kidnap FOR rape continued.

I don't want to look at it in detail, unless I get paid, but that is the basics.

Does that answer the question.
Posted By: xfean
for the LAWYERS HERE:how are they prosecuting a rapist when it seem the statue of limitations ran out


Jaycee Lee Dugard case and Phillip Garrido the rapist

-- Modified on 4/19/2011 1:33:18 PM
-- Modified on 4/19/2011 3:36:21 PM

most laws are not easy to understand and everyone breaks the law everyday not knowing them all


this is why you should remain silent

Register Now!