Poll: Civil Court Statute of Limitations - Alleged Rape/Sexual Assault/Abuse

[WyattEarp]

Given the headline cases of recent years, I am interested in the membership's candid opinions on this matter. U.S. civil courts generally assess liability when a preponderance of the evidence is believed to be greater than 50%.

 

[Robert Mugabe]

Given the headline cases of recent years, I am interested in the membership's candid opinions on this matter.

Asking for a friend are we?

 

[NotADcotor]

Unless said person went to hospital for one of those rape kits, or the rapist was fool enough to do it with cameras or witnesses I'd think it would be impossible to get even a reasonable 50% evidence after 5 years. Injuries heal, banana juice drys up and rots away or just goes away.

Where was I on the night of the 5th 5 years ago, female dog, I barely remember what I had for lunch.

 

[WyattEarp]

Unless said person went to hospital for one of those rape kits, or the rapist was fool enough to do it with cameras or witnesses I'd think it would be impossible to get even a reasonable 50% evidence after 5 years. Injuries heal, banana juice drys up and rots away or just goes away.

Where was I on the night of the 5th 5 years ago, female dog, I barely remember what I had for lunch.

So vote

 

[shrek71]

Why start at 5 years? I think it should be the standard 2 years like it is more most other crimes.

Cheers

 

[xix]

Given the headline cases of recent years, I am interested in the membership's candid opinions on this matter. U.S. civil courts generally assess liability when a preponderance of the evidence is believed to be greater than 50%.

You asked for years and yet you don't mention your belief. But rather give us 50% of what?

 

[WyattEarp]

Why start at 5 years? I think it should be the standard 2 years like it is more most other crimes.

Cheers

So vote.
I don't think two years was ever the standard. Had to start somewhere.

 

[mitchell76]

I voted for less than 5yrs.

 

[K Douglas]

I'd say 5 years max. Memories fade, witnesses die/move on, evidence degrades etc.

 

[dirtyharry555]

Don't think there needs to be a statute of limitations on rape but there does need to be concrete evidence when making the allegation. If allegations are proven false, there needs to be jail time for the accuser.

Because there is a lot of this going on (at all levels for money, spite, power):

 

[Skoob]

I would say 15 years. There are generational attitudes towards things like consent, and remember most rapes/assaults are not heinous, violent rapes but rather committed by people who are close to the victim. Considering that, behaviour that was normalized in 1950 for example, would be considered assault today. Additionally, longer the years, the more difficult to prove rape anyway due to biases in attitude and procedures, documentation and what not. So I think 15 is plenty considering we have generational shifts every 15 years.

How about financial shifts? ie someone becomes very wealthy in 15 years or gets to a position of power. Enticing no?

 

[kherg007]

I'd say 5 years max. Memories fade, witnesses die/move on, evidence degrades etc.

Correct, why the statutes were adopted in the first place.
I can understand an unsolved crime like murder, but...there history be a line

 

[The Oracle]

I think about 2 years is about correct. Both parties should have pretty clear recollection in that time period. As time goes on things and events become murky.

 

[harryass]

yip, unlimited. Victims tend to be treated unfairly in court while perps get away kind of easily. Perps can all rot in hell.

 

[jalimon]

Depends if you live in Alabama or Texas or other redneck state I guess...

Where a raped girl should just close her eyes and make the best of the moment.

And educate the baby that may result from it.

You think I'm crazy writing this? Well this comes from these state elected official.

 

[poker]

No statute. If it can be proved, it can be proved. If it can’t… then it won’t.

Besides, how would a 3 yr old know she has until she’s 8 to go after creepy uncle bill in court.

I would rather see people wait for actual evidence to be presented in court before there judgements are made. Don’t take every accusation as solid… and keep an open mind.

 

[mandrill]

Limitation Period for Sexual Assault Claims

The Limitation Period for Claims Based on Sexual Assault.

www.mcleishorlando.com

No limitation for sexual assault lawsuits in Ontario.

 

[mandrill]

Don't think there needs to be a statute of limitations on rape but there does need to be concrete evidence when making the allegation. If allegations are proven false, there needs to be jail time for the accuser.

Because there is a lot of this going on (at all levels for money, spite, power):

Saw the first few minutes. I'm getting "gold-digger" and "seems to be very consensual sex". Suspicious about whether she MIGHT fabricate allegations, but not convinced based just on the texts.

Saw a few more minutes and - yeah! - I wouldn't believe anything she said.

 

[mandrill]

Don't think there needs to be a statute of limitations on rape but there does need to be concrete evidence when making the allegation. If allegations are proven false, there needs to be jail time for the accuser.

But any competent rapist makes sure that there's no objective evidence.

Because there is a lot of this going on (at all levels for money, spite, power):

But any jury member factors that in automatically.

 

[angrymime666]

Meaning they will be unfairly accused once they are famous?

Could happen. Thats why we have the courts.

But it could also be the case that they actually did rape or assault as well.

I have a problem with "that why we have courts". not that courts arent a good thing, since who likes being lynched by a mob. the problem I have is that someone can make an accusation and it costs a hundred thousand dollars to have decent legal defense. who has that kind of money lying around.

the prosecution has millions of dollars and so many resources.

even now some evidence such as recording, email or text conversations must be disclosed to the prosecution prior to trail. which essentially allows the element of surprise that previously the defense had. the legal system is fucked, and fairness is bullshit.

this is why I am extremely careful about the women I choose to have around me. it just takes one unhinged woman to ruin your life and put you in financial distress.