-Caveat Lector- Hi ! Below please find information about a recent court decision. Sincerely, Neil Brick Excerpts from : http://www.survivorship.org/html/molestation_article.html Tuesday, August 31, 1999 Home Edition Section: PART A Page: A-1 Rescinding of Molestation Case Deadline Upheld By: MAURA DOLAN L.A. TIMES LEGAL AFFAIRS WRITER The California Supreme Court decided Monday that a defendant may be charged with child molestation even if the alleged crime took place years or decades before a complaint was made to police. In a 4-3 ruling, the state high court said a 1994 state law that virtually eliminated the statute of limitations for child molestation can be applied retroactively to child molestation cases in which the legal deadline for prosecution had expired. The ruling, described as the first of its kind in the nation, is expected to unleash a barrage of prosecutions against defendants whose victims kept their molestations secret for years. It also could encourage other states to rescind statutes of limitations retroactively for child sexual abuse. Previously, many such victims went to civil court and obtained monetary compensation but could not seek criminal prosecution if the statute of limitations for child molesting, generally six years in California, had expired. The ruling stems from a state law enacted five years ago that said suspects may be prosecuted for child molesting within one year after a complaint to law enforcement has been made. Some California courts refused to apply the law to cases in which the statute of limitations for prosecution had expired. The Legislature responded by passing another provision in 1996 that clearly stated that the new child molestation law was to be applied regardless of when the alleged crime was committed. Justice Marvin Baxter, writing for the majority, noted that lawmakers across the country in the 1980s began to increase the time in which child molestation charges could be filed. Lawmakers "became increasingly aware that young victims often delay reporting sexual abuse because they are easily manipulated by offenders in positions of authority and trust," Baxter wrote. "Prosecutors have wide latitude in . . . determining whether and when indictments should be filed," wrote Baxter. "Such discretionary decisions offend the United States Constitution only where unfair tactics or improper motives are involved." Mendocino Deputy Dist. Atty. Beth Norman....said victims have varied reasons for waiting many years to report that they were molested as children. She said some fear retribution or are embarrassed. "For many years, there is just too much shame attached to report it," Norman said. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
