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Statute of Limitations for Sexual Assault

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  • 12-07-2005, 08:33 AM
    nysdriversa
    Statute of Limitations for Sexual Assault
    MY UNCLE WAS RELEASED FROM PRISON ON JUNE OF 1988, HE WAS PAROLED THEN, BUT HE DID NOT COMPLIED WITH HIS OBLIGATION WITH HIS PAROLE RESPONSIBLITIES. HE TURNED HIMSELF IN AFTER WATCHING NEW YORKS MOST WANTED. HE WAS SCHEDULE TO BE RELEASE ON JANUARY 10 2006.

    HE WAS RECENTLY INFORMED THAT HE WON'T BE RELEASE, BECAUSE THERE IS A PENDING IN CONNECTICUT. FOR SEXUAL ASSAULT TO A MINOR. (HE DENIES THIS CHARGE OF CAUSE)

    ACCORDING TO THE PROSECUTOR, THIS CRIME WAS COMMITED IN 1989.

    MY QUESTION IS, IS THERE A STATUE OF LIMITATION INTHIS TYPE OF CRIME? THE VICTIM NOW IS 30 YEARS OLD. CAN THESE CHARGES STAND IN COURT?
  • 12-07-2005, 11:00 AM
    Mr. Knowitall
    Connecticut Criminal Statute of Limitations
    Connecticuts criminal statutes of limitation provide:
    Quote:

    Quoting Connecticut Criminal Statute of Limitations - Criminal Procedure
    Sec. 54-193. Limitation of prosecution for certain offenses. (a) There shall be no limitation of time within which a person may be prosecuted for a capital felony, a class A felony or a violation of section 53a-54d or 53a-169.

    (b) No person may be prosecuted for any offense, except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed. No person may be prosecuted for any other offense, except a capital felony, a class A felony or a violation of section 53a-54d or 53a-169, except within one year next after the offense has been committed.

    (c) If the person against whom an indictment, information or complaint for any of said offenses is brought has fled from and resided out of this state during the period so limited, it may be brought against such person at any time within such period, during which such person resides in this state, after the commission of the offense.

    (d) When any suit, indictment, information or complaint for any crime may be brought within any other time than is limited by this section, it shall be brought within such time.

    Sec. 54-193a. Limitation of prosecution for offenses involving sexual abuse of minor. Notwithstanding the provisions of section 54-193, no person may be prosecuted for any offense, except a class A felony, involving sexual abuse, sexual exploitation or sexual assault of a minor except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.

    Sec. 54-193b. Limitation of prosecution for sexual assault offenses when DNA evidence available. Notwithstanding the provisions of sections 54-193 and 54-193a, a person may be prosecuted for a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b not later than twenty years from the date of the commission of the offense, provided (1) the victim notified any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense not later than five years after the commission of the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA (deoxyribonucleic acid) profile comparison using evidence collected at the time of the commission of the offense.

    That suggest that either he is charged with a class A felony, or there is DNA evidence available.
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