People v. Brown

by
The sexual abuse of Jane occurred for two years ending in 1994 when she was 13. At the time of the offenses, the statute of limitations was six years. An extension allowed the filing of a criminal complaint within one year of a report to a law enforcement agency by a person alleging he was the victim of such an offense while under 18 years of age if the offense involved substantial sexual conduct and there is independent corroborating evidence, Penal Code 803(f). Jane’s mother had attempted to report the abuse to the police and Child Protective Services in 1994, without results. Jane, as an adult, reported Brown’s conduct in December 2012; he was charged in February 2013. Convicted of continuous sexual abuse of a child under the age of 14 years old and eight counts of lewd acts upon a child under the age of 14 years, Brown argued the prosecution was time-barred. The court of appeal affirmed, holding that a report of sexual abuse made to law enforcement by a person or agency other than the victim does not constitute a report by the victim under former section 803(g), even if that report is based on the victim’s allegations of abuse. View "People v. Brown" on Justia Law