In criminal court cases, the state has a limited amount of time to bring charges against alleged offenders. Known as the statute of limitations (SOL), once this time period has elapsed, the person may no longer be prosecuted for the crimes. However, in cases involving sexual assault, these time periods were abolished in California. This allows victims to come forward and press charges based on incidents that happened years in the past. A San Jose track coach was recently arrested and charged with a series of sex crimes that allegedly occurred more than a decade ago.
San Jose Man Accused of Sex Crimes Against Minors
The 56-year-old owner of Marshall Sports Performance and Fitness in San Jose was working at Branham High School as an after-school track coach when allegations surfaced that he had sexually assaulted minor students in the past. The incidents allegedly occurred more than 10 years ago when he was a teacher at Valley Christian High School.
Investigators say that numerous victims came forward and made allegations that the man had committed sexual acts against them in his classroom over the course of the 2004-2005 school years. He has been charged with 12 counts of sexual penetration with a person under the age of 18 and another 12 counts of oral copulation.
Statutes of Limitations In Sex Assualt Cases
In any type of criminal matter, there is only a limited amount of time in which prosecutors may press charges against an alleged offender. Previously in California, the statutes of limitations for rape and sexual assault was 10 years after the alleged crime occurred. However, a national case created controversy over these time limits and resulted in the statute of limitations being abolished.
As a result of sexual assault allegations against actor/comedian Bill Cosby made by numerous women, legislators introduced Senate Bill No. 813. This overturned the former statutes of limitation, allowing sexual assault prosecutions to commence at any time. The bill was passed into law in September 2016 and has opened the door for alleged victims to make accusations based on incidents that occurred decades ago.
Contact Our San Jose, CA Criminal Lawyers Today
While the abolishment of statutes of limitations in sexual assault cases was hailed as a victory for victims, it puts those accused of these crimes at a distinct disadvantage. With so much time having elapsed, obtaining solid evidence and witness statements is often challenging. If you face these types of accusations, you need the Jachimowicz Law Group on your side.
We can provide the aggressive legal representation needed to clear your name of these charges. Sexual assault carries serious penalties, including a jail sentence. To request a consultation to discuss your case and how we can help, contact our San Jose, CA sexual assault defense attorneys online or call our office at our office today.
Sources:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB813
