Legal Question in Criminal Law in California

6/11/2006 a family member was visited in state prison by police detectives. They tried to get him to admit that he sexually assaulted a woman on 1/9/98. He was 18 yrs old when this happened. He knew the accuser casually. He admitted to having sexual relations with the woman, but denied sexually assaulting her. He said he stole drugs from the woman on that night. Drugs that belonged to someone else. He denied the charges of sexual assault to the detectives. On 2/15/07 the case was filed. Count 01: 261(A)(2) PC Fel Count 02: 289(a) PC Fel. On 5/2007 the case was called for arraignment & plea He pleaded "not guilty" to both charges. Throughout the process he continued to maintain his innocence. He never wanted to take the DA's offer. Because he kept being told that if he didn't take the deal, and went to trial, they were going to push for the maximum. Meaning he could spend the rest of his life in prison. Out of fear that he might have to spend the rest of his life in prison, and because his public defender who handled DNA cases told him it was best for him to take the deal. He took the deal 12/2007. He was given 8 years in state prison. You answered my initial question on LawGuru 6/10-6/11. I wanted to find out if the statute of limitation on this DNA case expired. Did the DA's office have the right to prosecute the case.


Asked on 6/11/10, 5:18 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The prosecution of an aggravated rape may be commenced at any time. In California, an aggravated rape is rape that involves a weapon, more than one person, or seriously injures the victim. The prosecution of a rape that is not aggravated must commence within six years after its commission. (Pen. Code, sect. 800.)

If DNA evidence is involved, a different statute applies. California's Penal Code permits the prosecution of certain sex offenses within one year of the date on which the identity of the suspect is conclusively established by DNA testing, or within ten years of the offense, whichever is longer. (Pen. Code, sect. 803, subd. (i)(1).)

So the answer is yes, the DA's office had the right to prosecute the case.

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Answered on 6/12/10, 5:21 am


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