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Miles Archer

(18,837 posts)
Wed Jan 6, 2016, 07:36 PM Jan 2016

Bill Cosby won't be charged in two sexual assault cases in Los Angeles

Source: CNN

(CNN)Bill Cosby won't be charged in two cases investigated by the Los Angeles County District Attorney's office, the DA announced Wednesday.

According to a charge evaluation sheet, prosecutors think neither of the two allegations could have resulted in charges within the statute of limitations.

The accusers, listed as Jane Does No. 1 and No. 2, had accused Cosby of sexual assault.

"We are satisfied that the Los Angeles DA's office fully and fairly evaluated all the facts and evidence, and came to the right conclusion," said Chris Tayback, a lawyer for Cosby.

Read more: http://www.cnn.com/2016/01/06/us/bill-cosby-no-charges-los-angeles/index.html?sr=fbCNN010616bill-cosby-no-charges-los-angeles1049PMVODtopLink&linkId=20150161

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Bill Cosby won't be charged in two sexual assault cases in Los Angeles (Original Post) Miles Archer Jan 2016 OP
I thought CA had a statute of limitations on sexual assault because underthematrix Jan 2016 #1
You must be thinking of Section 801.1, and that only applies to victims under age 18: happyslug Jan 2016 #4
Hey chris tayback madokie Jan 2016 #2
Or "stow it!" as his dad might have said. Gidney N Cloyd Jan 2016 #5
That really bites davidpdx Jan 2016 #3

underthematrix

(5,811 posts)
1. I thought CA had a statute of limitations on sexual assault because
Wed Jan 6, 2016, 07:38 PM
Jan 2016

all those children who get molested would have been able to have their cases tried 20 30 40 years from original crime.

 

happyslug

(14,779 posts)
4. You must be thinking of Section 801.1, and that only applies to victims under age 18:
Wed Jan 6, 2016, 10:41 PM
Jan 2016
801.1. (a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim's 40th birthday.

(2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.

(b) Notwithstanding any other limitation of time described in this chapter, if subdivision (a) does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=799-805


The Sections mentioned above:

Section 261 (Rape):

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=261-269

Section 281 to 289 (various sex crimes, including sex with minors):

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=281-289.6

Section 290, Sex Offender Registration Act:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=290-294

Unless the victim comes under the above the time limit is as follows:

799. Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.

This section shall apply in any case in which the defendant was a minor at the time of the commission of the offense and the prosecuting attorney could have petitioned the court for a fitness hearing pursuant to Section 707 of the Welfare and Institutions Code.

800. Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense.

801. Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.

davidpdx

(22,000 posts)
3. That really bites
Wed Jan 6, 2016, 10:39 PM
Jan 2016

But at least he's still facing charges in Pennsylvania. At his age getting just one conviction could put him behind bars for long enough that he'll die in prison.

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