Is there a statute of limitations on rape sexual assault?

mandyky

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:31 AM
Original message

Is there a statute of limitations on rape sexual assault?

If charges were brought against Ahnold, could he still run for Gov? Would another recall automatically happen if he were charged after he became Gov? Any legal eagles from CA on this board?

Printer Friendly | Permalink | | Top

madmax

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:32 AM
Response to Original message

1. I believe they vary from state to state.

Edited on Sun Oct-05-03 11:33 AM by madmax

Printer Friendly | Permalink | | Top

jiacinto

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:35 AM
Response to Original message

2. Not Sure

But I think he would have to be convicted first. Then again I think the stnandards are low for recall. All you need to do it seems is get the signatures needed.

Printer Friendly | Permalink | | Top

Hamlette

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:38 AM
Response to Original message

3. yes, there is a statute of limitations

Bringing charges would not prevent him from running nor would another recall automatically happen. Even if he is found guily, he would still have to be impeached but I imagine that would happen pretty quickly. (Assuming Calif law provides for impeachment.)

A bigger problem is that Arnold is going to be dogged by these allegations. His "reign" will be crippled, as was Clinton's.

Printer Friendly | Permalink | | Top

Frodo

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:47 AM
Response to Reply #3

6. After further review...

... I believe California removed their (six year) Statute of Limitations for Rape IF there is DNA evidence involved.

It probably requires an investigation within the six years (the woman wouldhave had to report the rape) that has DNA evidence, but no presumed criminal. Then they find a match years later. I doubt it would apply in this case.

Has he been accused of rape?

Printer Friendly | Permalink | | Top

cally

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 12:04 PM
Response to Reply #6

10. Seem to be rumors so far of staturory rape..nt

Printer Friendly | Permalink | | Top

mandyky

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 01:21 PM
Response to Reply #6

15. I read somewhere online where he threatened to rape

16 year old. I did not look much past the headline, but a serial groper is only removed from a rapist by a few steps in an act.
I just said rape/sexual assault, because I was also unsure what types of sexual assault laws CA has.
As we are finding out with the Kobe Bryant case, sexual crimes can be handled differently from state to state.

Printer Friendly | Permalink | | Top

DemocratSinceBirth

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:38 AM
Response to Original message

4. I Believe All Crimes Have Stuatutes Of Limitations

cept murder....

Printer Friendly | Permalink | | Top

nothingshocksmeanymore

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 12:20 PM
Response to Reply #4

13. Not true. There is NO statute of limitations on tax evasion

Printer Friendly | Permalink | | Top

Frodo

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:43 AM
Response to Original message

5. Generally yes.

Rape usually has a statute of limitations. And it would be pretty much impossible to bring criminal charges if it all happened decades ago anyway. How would you prove it?

There would be no limit on civil litigation though. Just a tougher threshold to overcome due to the delay.

Yes, he could still run for Gov, since he would be prsummed innocent until proven guilty at a trial. If convicted after winning (something that is not a foregone conclusion), he could be recalled in the "normal" process, not automatically.

I'm not sure what situations allow for impeachment in CA.

Printer Friendly | Permalink | | Top

rfranklin

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:48 AM
Response to Reply #5

7. It's safe to assume that there will be no civil suit...

The woman has been generously compensated for being Arnold's little side dish.

Printer Friendly | Permalink | | Top

DemocratSinceBirth

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 11:48 AM
Response to Reply #5

8. I Believe There Are Statutes Of Limitations On Torts

Printer Friendly | Permalink | | Top

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 12:00 PM
Response to Reply #5

9. One allegation was from 2000

no?

Printer Friendly | Permalink | | Top

E_Zapata

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 12:08 PM
Response to Original message

11. And the DA will chooose what cases to prosecute or not prosecute

Edited on Sun Oct-05-03 12:10 PM by E_Zapata

They may be sympathetic to the victims of Arnold, but they can think through the defense circus for any jury about women coming forward to 'complain' a few days before a major election where the defendant is a candidate.

But we do know that Arnold will strike again. All predators do until they are forced to stop. So, I pray that woman will press charges. And all these other women can serve as prosecution witnesses.

Granted, I don't think the next crime will be on a movie set. Will Arnold work in 'this town' again?

Printer Friendly | Permalink | | Top

bearfartinthewoods

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 12:16 PM
Response to Reply #11

12. ask roman polanski

he can't come here to work but he did get an oscar a couple years ago.

Printer Friendly | Permalink | | Top

nothingshocksmeanymore

(1000+ posts) Send PM | Profile | Ignore

Sun Oct-05-03 12:21 PM
Response to Reply #12

14. Not because of the charge but because he is a fugitive

he flad after the charges were filed.

Printer Friendly | Permalink | | Top

DU AdBot (1000+ posts)

Mon Apr 29th 2024, 12:33 PM
Response to Original message

Advertisements [?]

Top

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.