Statue of Limitations: 5 Yrs in NYS

[arbitragegls]

there can be no action taken against Bernie or 'Cuse on this case because of statue of limitation which is only 5 years in these kind of cases in NYS...there is no recourse financially to University or Bernie...on these charges.....morally is another story but...if nothing else takes place than Bernie and 'Cuse is in clear...OTL legal advisor and NYS law as my firm determined...note that Pennsylvania and other states each have own laws in place...

 

[CusefanATL]

What about Lousiana or Hawaii?

 

[All4SU]

Am I to understand that if a 12 year old boy is molested today in NYS, that the statute of limitations would expire 5 years from today, when the boy is 17?

 

[Upstate]

Am I to understand that if a 12 year old boy is molested today in NYS, that the statute of limitations would expire 5 years from today, when the boy is 17?

or a 3 year old and at 8 years old. I think PA just raised their SOL to 50 years, actually.

 

[Knicks411]

5 years seems awfully low, if you ask me.

 

[OrlandoCuse]

I don't like to be picky, but the word is "statute" not statue.

I just think that it's important to use proper terminology when talking about sensitive legal issues. Makes you a little more credible.

 

[mountaincuse]

Am I to understand that if a 12 year old boy is molested today in NYS, that the statute of limitations would expire 5 years from today, when the boy is 17?

Wasn't it five years from when the turn an adult?

 

[OrlandoCuse]

Wasn't it five years from when the turn an adult?

Yes, the way somebody explained it in a thread last night, was the SOL starts from the time the victim turns 18. So in NY, you have until you turn 23 to report the crime.

In other states, there has been a push to make the SOL 30 years on crimes like this because the victims often have trouble gaining enough courage to report the crime.

One thing a victim probably doesn't think about is the SOL on a potential crime that was committed, especially one as horrendous as child molestation. I think the SOL should be increased to the 30 year range. Of course, the longer a victim waits, the more difficult the prosecution of the alleged abuser becomes.

 

[AZOrange]

Wasn't it five years from when the turn an adult?

five years from the age of 18 i believe. i think NYS is in the process (or was) of changing that.

 

[OrlandoCuse]

five years from the age of 18 i believe. i think NYS is in the process (or was) of changing that.

That's what the ESPN legal analyst said. But he also said the effective SOL applies to the time the crime was committed, so you can't retroactively prosecute a crime when the SOL changes in the future.

 

[arbitragegls]

Wasn't it five years from when the turn an adult?

You are basically correct...depending on how egregious, it is 5 years from 18. However, there are 3-5 year rules from time of actual crime also depending ...but i did not want to go into too much legalize...nice catch..

Bernie and 'Cuse are off the hook...legally and financially...and hopefully morally too!