Bill Cosby has infamously had a large number of women coming forward, publicly making accusations that they were raped by the star in the last few decades. Despite their reports, many were upset to learn that Cosby would not be prosecuted for the offenses against them because the criminal statute of limitations had expired. Mr. Cosby is facing a single criminal sexual assault case in Pennsylvania because it is the only one that fell within that state's deadlines for the filing of charges.
What is a statute of limitations?
A statute of limitations is a legal deadline beyond which date a case may not be filed. In California, the deadline for the criminal prosecution of sex assault cases is the same as that for other felony cases with the exception of murder and embezzlement. While those two crimes do not have statutes of limitations attached to them, felony sex assault cases in California must be filed within 10 years of the date of the assault. There are exceptions to this deadline for cases in which the sexual assault was later discovered, such as through new DNA evidence.
The rationale for imposing a statute of limitations
Proponents of statutes of limitations argue that it is much more difficult to prosecute cases that are very old. They also argue that relaxing or eliminating statutes of limitations would allow people to come forward with false accusations built on little evidence.
Why sex assault victims often do not come forward for lengthy periods
In many sex assault cases, the victims often do not come forward to report their abuse for years. Some feel like no one will believe them. Others feel shame or blame themselves for what happened to them. Still others may have repressed the memories of the abuse for it to only later resurface. A major problem with this is that when reports are not made, the police do not hold onto evidence because no evidence has been gathered because of the lack of reports.
California's proposed law
The outrage surrounding the inability of the women to seek justice against Cosby has led state legislators to propose a bill that would eliminate the statute of limitations for the prosecution of sex assault cases in California. The Justice for Victims Act, Senate Bill 813, has already passed both houses of the legislature and is awaiting Governor Jerry Brown's signature. Gov. Brown has already vetoed two previous bills that would have eliminated the statute of limitations for rape cases, so it is unclear whether or not the bill will be signed into law.
If the bill is signed into law, victims of sex assault could come forward and make their reports decades after the offense happened. Because of constitutional issues, the law would only apply to sex assaults that occur going forward because the retroactive application of a criminal statute of limitations is unconstitutional. This would allow victims to tell their stories even if the cases would be difficult to prove.
Civil statute of limitations
California also has a civil statute of limitations for sex assault cases filed under the state's civil code. Under Cal. Civil Code 340.1, people who were victims of childhood sexual abuse may file a civil lawsuit within 8 years of reaching age 18. For those who only later discover that the abuse occurred or that their psychological injuries resulted from childhood sex abuse, they may file civil lawsuits against the perpetrator within 3 years of the date of discovery.
Contact an attorney
Whether California eliminates the criminal statute of limitations for sex assault cases or not, victims may be able to file civil lawsuits against their perpetrators. By doing so, they may be able to hold their abusers accountable while also seeking the recovery of damages to compensate them for the wrongs perpetrated against them. Because the burden of proof that is required to prove civil cases is lower than that required to prove criminal allegations, victims may be able to recover damages through civil lawsuits even if the defendants are found not guilty in their corresponding criminal trials. If you have been the victim of a sex assault in California, contact a sexual assault and abuse victims' attorney about whether or not you have a valid case and when you should file.
Sources:
https://www.washingtonpost.com/news/wonk/wp/2016/09/07/california-may-soon-eliminate-the-statute-of-limitations-for-rape-charges/
http://www.latimes.com/opinion/op-ed/la-oe-allred-california-statute-of-limitations-law-20160902-snap-story.html
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=335-349.4
A Los Angeles Superior Court case that involved sexual, emotional and spiritual abuse ended recently with a ruling for the plaintiff. The plaintiff was an enthusiastically spiritual person who wanted to learn from teachers and experienced people who shared her faith. Jena Scaccetti thought she had found the perfect spiritual advisors and guides in at Kabbalah Center International. Unfortunately, the center gave her an experience that was so devastating that the courts felt she should receive compensation. The victim received more than $177,000 for the suffering that she received instead of the spiritual growth she desired.
More About the Case
Millions of people want to find their way to being closer to the higher power. They sincerely want to learn how to serve the higher power in the best possible way. Unfortunately, predators and abusive types sometimes use religion, faith and authority to assault and attack their victims. Such persons often believe that spiritual people are easy prey because they want to please the higher power. As the years pass, the number of persons who experience cases like these keeps growing.
Mrs. Scaccetti encountered a heinous act of sexual abuse, emotional abuse and what seemed like terrorism from an individual who was supposed to be her spiritual advisor. Yehuda Berg, who held the titles of counselor and spiritual advisor, tried to entice Mrs. Scaccetti to drink and get drunk so that he could force himself on her. He attempted to drug the victim, as well. When his efforts did not succeed, the defendant resorted to threatening physical violence. The victim stated that the accused said he would beat her black and blue if she reported the incident to anyone. He threatened to take her life, as well.
Multiple Cases of Negligence
Negligence appears in this case in more than one area. First, the Kabbalah Center International was guilty of neglect according to the rules of personal injury. The establishment was responsible for training its supervisors correctly and monitoring them carefully. Therefore, the establishment was partially responsible for the offenses that Mr. Berg committed. Mr. Berg is guilty of negligence and abuse on several levels, as well. Sexual assault occurs when one person tries to rape another person, whether the attempt fails or not. The threats and emotional devastation that Mr. Berg put on the victim takes the neglect to a much deeper level that warrants punitive damage. People who have positions of authority such as Mr. Berg are held to a higher standard than other persons are. They are expected to look out for the welfare of their students or their clients. Mr. Berg betrayed the victim’s trust and scarred the reputation of the organization that employed him.
The Case Specifics
The attorneys for the victim claimed that she had suffered severe emotional distress and that such distress was evidently manifesting on a daily basis in a physical sense. The lawyers sought compensation from Berg himself and Kabbalah Center International because of the neglect. The presiding judge disallowed the specialists that the plaintiff had to testify. The defendant denied all allegations of mishandling the plaintiff or treating her poorly in any way. The case lasted almost two years because of the rebuttals and the denials, but the victim prevailed in the end. The courts found both defendants to be guilty of neglect, malice, oppression, fraud and more. The defendant’s denial of the offense most likely made the outcome worse. The plaintiff ended up receiving more than $177,000 for the emotional distress and physical ailments that occurred because of such distress. She received $85,000 in compensatory damages and $50,000 in punitive damages from Berg. An additional $42,000 was awarded to the victim from Kabbalah Center International. Judges only order punitive damages if the neglect is excessive, and the victim wins the initial compensatory damages. The arbitration and jury verdict only took four days to complete.
Sexual Assault Is Unacceptable
A victim is entitled to speak to a civil claims attorney for an injury like the one that Mrs. Scaccetti experienced. Offenders must make restitution for what they do so that the victims can try to rebuild their lives. Compassionate attorneys will fight for the victims.
