Reporting Rape in California

Paper Summary:

In this essay, the writer explains that the statutes of limitations are designed to establish time periods during which the government or the plaintiff can file a suit in either criminal or civil matters, and these statutes vary based on the crime that was committed and the state that the crime was committed in. The writer points out that in California, for example, the statute of limitations on rape is three years. However, the writer notes that there may be extenuating circumstances that take place that allow someone to file suit after the three-year period has expired. The writer concludes that while sympathy must be extended to the victim of a rape or any violent crime, there must also be realism in the way that the justice system for the state of California operates, and this means that there has to be a statute of limitations.

From the Paper:

"It is generally assumed that, once a statute of limitations has expired, the person that allegedly committed the crime, whether actually guilty of it or not, cannot be prosecuted for that crime. There are specific reasons for the statute of limitations, however, that are important to discuss. These generally involve considerations regarding evidence. After too much time has passed, evidence that either supports the prosecution or assists the defense may no longer be available, and the receiving of a fair trial may also be impossible. In cases such as rape, there is specific evidence that can be collected right after the event has occurred that will not be available later, but the three-year time period actually gives a great deal of time for the victim of the attack to determine whether he or she wants to step forward and go public enough to alert the police and possibly be required to testify at a trial if enough evidence is found."

Sample of Sources Used:

• Calcasa. (2005). Top 10 FAQ. California Coalition Against Sexual Assault. Retrieved from http://www.calcasa.org/53.0.html.
• Fighting Domestic Violence. (2001). Office of the Attorney General. State of California. Department of Justice. Retrieved from http://caag.state.ca.us/cvpc/fs_fighting_dv.html
• FindLaw. (2002). California Codes. California Evidence Code. Retrieved from http://caselaw.lp.findlaw.com/cacodes/evid.html
• Rape. (2004). End All The Pain. Retrieved from http://www.endallthepain.com/Rape.html.
• Stogner v. California. (2003). 539 U.S. 607. Retrieved from http://www.apa.org/psyclaw/stogner -v-califo.html

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