If you’re anything like the millions of viewers in the 1980s and early 1990s, you watched The Cosby Show. As Heathcliff Huxtable, the affable, loveable father of six, Bill Cosby became a staple in people’s homes for eight seasons. Years after The Cosby Show ended, numerous women came forward alleging Bill Cosby used his fame, power, and influence to lure young women into his presence only to drug them with sedatives and rape or sexual assault them while they were unconscious. The allegations are disturbing and numerous. At last count, there were nearly 60 accusers.
Of his approximately 60 accusers, only one, Andrea Constand, has ever brought a charge of rape and sexual assault against Cosby. Ms. Constand accused Cosby of drugging and sexually assaulting her in January 2004 at his Elkins Park, Pennsylvania mansion. She filed a police report over 11 years ago. Her case was recently reopened by the State since Cosby’s 2005 deposition was released to the public. In his 2005 deposition, Cosby admitted to giving Quaaludes, a powerful sedative, to women he wanted to have sex with.
Ms. Constand’s case is the only one which may lead to criminal liability for Cosby. Many are left wondering how Cosby managed to evade criminal charges from his accusers. The answer? The Statute of Limitations.
What Is the Statute of Limitations?
Simply put, the Statute of Limitations is a type of federal or state law that restricts the time within which legal proceedings may be brought. It applies to both civil and criminal actions. The Statute is meant to prevent fraudulent state claims from being alleged after all evidence has been lost or after facts have become muddied by passage of time or inaccurate memory.
How Long is the Statute of Limitations?
For state offenses, the statute of limitations varies from state to state. Different offenses have different limitation periods. In general, the most serious offenses have longer limitation periods. For example, there is no limitation on when a person can be charged with murder.
If you are arrested by a federal law enforcement agency (such as the F.B.I.) or committed a crime that violates federal statute, you could be charged under federal law. The statute of limitations for most federal crimes is five years. The statute can be extended in certain circumstances, including cases where DNA evidence is required of the accused, the accused is a fugitive, or time is needed to secure foreign evidence overseas. Notwithstanding, federal crimes punishable by death, terrorist crimes resulting in death or serious bodily injury, and sex crimes with a minor have no federal statute of limitations.
When Does the Clock Start Ticking for the Statute of Limitations?
In most situations, the statute of limitations starts to run on the “date of harm.” The “date of harm” is generally considered the date of injury. There is an exception for plaintiffs who may not be aware for some time that they have been harmed. In these situations, the statute does not start to run until either the “date of discovery” of the harm or the date in which the plaintiff “should have discovered” the harm.
How Does the Statute of Limitations Apply to Cosby?
Rape and sexual assault are not considered federal crimes, so the statute of limitations depends on the state in which the alleged sexual assault was committed, but is typically between 10-15 years after the alleged rape.
Some women claim Cosby raped them in the Playboy Mansion in Los Angeles, California. The statute of limitations for rape in California is 10 years, but with accusers claiming the rape occurred as early as the 1970s and 1980s, they are unable to bring criminal charges against Cosby. While there are limitations on rape, there are no such limitations for crimes like forgery or arson. Criminal charges can be brought against someone at any time after they illegally start a fire.
Partially due to the Cosby allegations, State Senator Connie M. Leyva plans to propose new legislation that would eliminate the statute of limitations on rape and some sexual assault cases in California. At least 16 states have no statute of limitations for rape cases at all, while other states, such as Ohio, are close to signing bills into law to expand them.
Authored by Erin Chan-Adams, LegalMatch Legal Writer and Attorney at Law
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