California law gives hope to rape, sexual assault victims

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By Yosi Yahoudai
Founder and Managing Partner

What does this new California law mean for sexual assault victims?

Victims of sexual assault already face a lifetime of repercussions from the assault itself. Some, like Carmen Daniels, are left to suffer the injustices of a system that, until now, deemed their injuries unfit for prosecution after 10 years.

Daniels was beaten and raped at knifepoint in 1982. Her attacker got away after unsuccessfully trying to run Daniels over with her own car. In 2014, a trucker named Delton Taylor was arrested in Arizona for kidnapping and robbery. DNA testing identified Taylor as the man that raped Daniels back in 1982. Unfortunately, prosecutors could not prosecute Taylor because the statute of limitations had passed.

The Justice for Victims Act 

California lawmakers understood the need to eliminate the statute of limitations for rape and other sexual assault charges and enacted Senate Bill 813. Governor Jerry Brown signed the Bill into law this past September.

The impetus for the Justice for Victims Act was the 50 women who came forward this past year, accusing comedian Bill Cosby with sexual assault that occurred decades ago. Under this new law, victims of the following crimes will be able to seek prosecution indefinitely in most cases:

  • rape, sodomy
  • lewd or lascivious acts
  • continuous sexual abuse of a child
  • oral copulation
  • sexual penetration

The Act will apply to any crimes committed after January 1, 2017 as well as crimes whose statute of limitations in effect prior to January 1, 2017 has not run as of that date.

No one should have to suffer the pain of sexual assault. No one should have to suffer the additional anguish caused by lack of justice being served. California has taken a step in the right direction.

Has your life been affected by sexual assault?

If you or someone you love is the victim of sexual assault, it helps to have an experienced sexual assault attorney on your side.  The law firm of J&Y offers competent and compassionate representation to sexual assault victims in Los Angeles, San Diego, and throughout the State of California. Contact us today for a free consultation at 888.806.6722.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.