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#372160 - 10/11/11 07:32 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: Disappointed]
InsideTheWall Offline


Registered: 01/10/09
Posts: 281
Any sort of statute of limitations in regards to this stuff deserves nothing but the strongest contempt. This whole process where the traumatized victim has to take the stand, yet the subhuman kiddie fiddler doesn't, is alone more than I need to think the law is fucked up beyond any possible words.



Edited by InsideTheWall (10/11/11 07:32 PM)

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#372166 - 10/11/11 09:14 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: InsideTheWall]
Disappointed Offline


Registered: 08/11/09
Posts: 540
Loc: U.S.A.
Dear InsideTheWall,

I agree. The point of my posting isn't to talk about what the law should be, only to tell those who wish to prosecute NOW, what the rules are.
This is especially helpful information for those in their 20s, who perhaps haven't thought about prosecuting, because they assume the statute of limitations has already passed.
As I state in my summary, which still needs formatted correctly, as of 2010 in Arizona, they DID eliminate the statute of limitations. However, these changes normally only begin for crimes committed on the date of the change forward.

Before that, as I understand the Arizona, from 1978 felonies had a 7 year statute of limitations, and this 7 years did not begin to be counted, until the political subdivision BECAME AWARE of the crime.

I did this research specifically for one person. Then I posted it helping to benefit others who might have assumed their time had run.

Thank you sharing your thoughts,
D.

P.S. I have also posted asking if anyone would like me to research another state. No requests thus far, the offer is still open.

_________________________
Female.

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#372333 - 10/13/11 08:46 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: Disappointed]
MartinB Offline


Registered: 09/13/11
Posts: 22
Loc: New Jersey
I was somewhat lucky enough (if you can call it luck) that I came forward at the age of 24 to report to the DA and police department that I was abused by four separate men as a child, somewhere between the ages of about 3 to 15 or 17. PA SOL is 12 years after the victim turns 18.

I wanted to take the stand. I wanted to scream across the courtroom and I wanted everybody in that courtroom to understand that Daniel ##### was not the good and decent man everybody thought he was. Did it hurt? Yes. Was it difficult? Absolutely. I thought for sure I had used up all of my emotional energy to get my truth out there, and in the end I won. The one abuser I was able to charge criminally and civilly was already serving a 66 year prison term for raping a 7 yr old boy.

When I went forward about the two Catholic priests who abused me, the church tried to pay me off. They offered me $700,000 and even wanted to pay my rent and pay off my car. I told them to stick it! Unfortunately when I decided I wanted to go after the church criminally and civilly, the SOL had run out, one of the two priests who abused me had died (good), and the law that's supposed to protect the innocent made it very clear to me that it was more willing to protect the perpetrator.

We are trying to change laws around the country. There should be no SOL on child abuse/soul murder. Anyone who abuses a child should be punished just as those who murder a child.

Please... stand up and let your voices be heard. You are not alone and many of us are fighting for your rights, your justice, and the protection of children now and in the future. Let's place the blame where it belongs.

Martin

_________________________
Please call me Martin. One of my abusers would call me "Marty" and it just brings back too many awful memories.

Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen.- Winston Churchill

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#372408 - 10/14/11 05:19 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: MartinB]
Disappointed Offline


Registered: 08/11/09
Posts: 540
Loc: U.S.A.
Dear Martin,
Thank you for telling us your experiences in this.

_________________________
Female.

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#376325 - 11/21/11 01:58 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: Disappointed]
brother2none Offline
Member
MaleSurvivor

Registered: 01/30/09
Posts: 265
Loc: Undisclosed
bump to this topic. good stuff here, thanks.


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#381362 - 01/03/12 08:26 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: brother2none]
brother2none Offline
Member
MaleSurvivor

Registered: 01/30/09
Posts: 265
Loc: Undisclosed
I was wondering... if one was to file a civil suit against a perp in Pennsylvania (or any state) that was otherwise beyond the statute of limitations in PA, how far would it proceed, and when its dismissed, does it prevent re-filing if/when a window statute is enacted?


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#381422 - 01/04/12 12:10 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: brother2none]
brother2none Offline
Member
MaleSurvivor

Registered: 01/30/09
Posts: 265
Loc: Undisclosed
More... I assume I would draft and file the complaint, and then it would be processed by the court and sent to the defendant for an answer, and that's where it gets vague...

Would interrogetories (list of questions)be prepared?

At what point does the court say it's beyond the SOL or is that for the defendant to figure out?

Hoping a lawyer or someone who has done this in PA or any state can respond, either here or by PM. Thanks.


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#381426 - 01/04/12 12:47 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: brother2none]
unhappycamper Offline


Registered: 10/21/11
Posts: 611
Loc: VA
In any jurisdiction (state, province) the statutes of limitations are different for civil and criminal cases. Usually the civil statutes are shorter for tort cases (civil suits seeking money damages for personal injuries), hence the resistance to extending civil S/Ls for CSA survivors.

As we've heard in the news lately, criminal statutes vary tremendously: Bernie Fine the Syracuse coach can't be prosecuted because the S/L is six years in New York, but some of Jerry Sandusky's charges in PA go back more than ten years. In Virginia there is no S/L at all on felonies.

John

"I'm a lawyer, but I don't play one on the Internet."


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#381427 - 01/04/12 12:56 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: unhappycamper]
Avery46 Offline


Registered: 09/23/10
Posts: 1243
Loc: USA
This post is very interesting.

I would like to have the laws changed here in Minnesota. I am not even sure who can help with this without money changing hands.

I am in a place where I share the computer so, can not look at the thousands of pages of law.

Some interesting thoughts.

_________________________
aka DJsport

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#381432 - 01/04/12 01:53 PM Re: Arizona Stat. of Limitations for CSA Pt. 1 [Re: Avery46]
Disappointed Offline


Registered: 08/11/09
Posts: 540
Loc: U.S.A.
Hey A. what do you want to look up, ill see if I can

_________________________
Female.

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