“Bill Cosby” Law to Take Effect in California

DSC01152_2 (2)_2In Canada there is no statute of limitations for criminal offences. If you committed a robbery,sexually assaulted a person, or even murdered a person decades ago, the law is coming for you, if they find sufficient evidence to prosecute. Admittedly, historical cases are more difficult to prove: evidence is lost, witnesses die, and memories fade, but Canadians recognize that a crime is a crime is a crime and the passage of time ought not to excuse an offender of his or her criminal wrongdoings.

Not so in the United State, where criminals can beat the system if they have not been prosecuted within certain proscribed time periods.  Justification for limitation laws include that an alleged offender ought not to have to defend himself after a lengthy period of time has passed, again because of lost evidence, faded recollections and other “fairness” arguments. That this approach clearly prejudices victims has apparently fallen on deaf ears, until now.

This week California’s Governor Jerry Brown signed a new law that changes the limitation period in California for rape and other sexual molestation cases from 10 years to 20 years commencing in  2017. California’s limitation law reforms are not at the leading edge as  Nevada and Colorado amended their laws earlier this year, again expanding the period to 20 years. All of these legal reforms arise from the allegations of at least 30 women who say they were drugged and assaulted by Mr. Cosby.

According to the California Women’s Law Centre, 17 other States in America have no limitation period for rape.

California attorney Gloria Allred represents 30 women in the Bill Cosby case, most of whom have no legal recourse because of the limitation laws on the books in most states. She notes that the legislation is not retroactive, so it will not apply to her clients.

Proponents of the new law explain that it “tells every rape and sexual assault victim in California that they matter and that, regardless of when they are ready to come forward, they will always have an opportunity to seek justice in a court of law.” California state Senator Connie Leyva who brought the bill forward said in a statement. “Rapists should never be able to evade legal consequences simply because an arbitrary time limit has expired. There must never be an expiration date on justice!”

Lawdiva aka Georgialee Lang

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