Can a defendant bring a motion to extend the statute of limitation for an allegation of historical sexual abuse dating back to the date of an initial complaint?

California, United States of America


The following excerpt is from People v. Garcia, G052149 (Cal. App. 2016):

Defendant acknowledges that the date the initial complaint was filed, in February 2012, was timely under both the 10-year statute of limitations, and it is also timely under the alternative period of a year from a report of abuse as a juvenile. But as defendant correctly points out, the amended information filed on September 16, 2013, does not automatically relate back to the filing date of the initial complaint. An initial filing date does not operate "as a categorical exception to the running of the applicable limitation period for the entire class of same or similar criminal acts allegedly committed by a defendant against the same victim during the same time frame as an offense charged in a pending prosecution." (People v. Terry (2005) 127 Cal.App.4th 750, 769.) Rather, it "suspends the running of the statute of limitation only for the conduct underlying a charged offense but does not stop the running of the [limitations period] on completely separate instances of criminal conduct, even when acts were proven by 'generic' testimony." (Ibid.)

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