Statutes

NYS
First, in NYS all child rapes by clergy have been denied due to statutes of limitations. In some cases, victims have declared they were mentally ill which is why they took so long to come forward. The courts have denied each one.

I am asking if the courts did allow these victims to come forward, in other words had they been fair to the victims, could we charge these pedophiles criminally? Even though the victim might be 4o years old when they were able to come forward?

Thanks.

If the statute of limitations has expired then prosecutions cannot move forward. What part of this is not clear?

And this is a forum for individuals seeking advice on their specific situation, not a discussion board for current events. There are other places on the Internet you can go if you wish to talk about the clergy sex abuse issue.

The part not clear yet

swalsh411 said:

If the statute of limitations has expired then prosecutions cannot move forward. What part of this is not clear?

And this is a forum for individuals seeking advice on their specific situation, not a discussion board for current events. There are other places on the Internet you can go if you wish to talk about the clergy sex abuse issue.

Click to expand...

Although Statutes may have ordinarily expired, what if Mental Incompetancy were accepted in NYS for child rape? Would criminal prosecution still be obtained? In other words could they be sent to jail?

(BTW, the reason I use Clergy abuse is because most people worldwide understand the RCC's rapes and massive cover ups directed by the Vatican. Not for discussion, only used as an example as victims are raped again, this time by justice. It is simply a "What if" in case a case might be given a fair and just opportunity.)

Maybe???? How many angels can dance the head of a pin? If it were possible to do this somebody would have already tried. Unless you need advice on a specific situation this thread is pointless.

RicoLobby said:

Although Statutes may have ordinarily expired, what if Mental Incompetancy were accepted in NYS for child rape? Would criminal prosecution still be obtained? In other words could they be sent to jail?

Click to expand...

A statute of limitations may be tolled if the plaintiff is mentally incompetent when the cause of action accrues.

In a criminal case, the state is the plaintiff, and the victim is only a witness. Unless you can show that the government was mentally incompetent, the statute of limitations will not be tolled.

Even in a civil case, where the victim would be the plaintiff, the plaintiff would have had to be mentally incompetent at the time of the attack to toll the statute of limitations.

Stevef said:

A statute of limitations may be tolled if the plaintiff is mentally incompetent when the cause of action accrues.

In a criminal case, the state is the plaintiff, and the victim is only a witness. Unless you can show that the government was mentally incompetent, the statute of limitations will not be tolled.

Even in a civil case, where the victim would be the plaintiff, the plaintiff would have had to be mentally incompetent at the time of the attack to toll the statute of limitations.

Click to expand...

Thanks Steve.

If the government was not aware of the crime because the victim (witness) was mentally incompetant at the time, could this be a criminal offense that could get carried over?

(BTW; I was gang raped by 4 priests. On one occasion I was intentionally suffocated, I played dead and slept in the woods. These were from ages 8 to 9. It was impossible to have come forward sooner due to mental illness. )

If Jaycee were abducted in NYS and now at age 29, there would be no way to prosecute here? After all, the court could say she choose to stay there. The reality is the same trauma she had undergone which stopped her from coming forward, is the same as any child of repeated and violent rapes (sodomy). In other words you do not need to be physically held captive to be captive.