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Thursday, December 17, 2009

Sex Assault Case Dismissed on Statute of Limitations Grounds

As anyone who represents defendants in sex assault cases knows, the statute of limitations is maddeningly complex to properly apply. Couple that with the fact that the law is interpreted rather liberally in these cases, having the statute of limitations applied as it is actually written is very difficult.

But not impossible. As you can see here, sometimes it is properly applied. As the statute is worded, the prosecutor must bring a case against a defendant in a case involving an assault on a minor within two years of the complaining witness' 18th birthday.

Good job by Ben Adams. You are always the least popular person in the room when you make these arguments. Sticking to your guns is not easy.

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