The Bill Cosby case is all over the news right now and it brings up issues regarding Sex Crimes and whether or not it hurts the prosecution to wait so long to bring criminal sex crimes charges against an accused. The main sex crime charge that Bill Cosby has been charged with the crime of Aggravated Indecent Assault. Experienced Sex Crimes lawyers In order to be found guilty of the crime of Aggravated Indecent Assault, the government must prove that the accused penetrated the genitals or anus of the victim, however slightly with a part of his body for any purpose and without the alleged victim’s consent.
The issues that the Bill Cosby prosecution brings up are as follows:
First, how is it that the prosecution was able to wait so long to bring the criminal sex charges against Bill Cosby? Almost everyone is aware that every crime has a statute of limitation setting forth how long the government has after an alleged crime occurred to bring criminal charges, however, it is very, very rare for the government to actually bring criminal charges when they are right up against the expiration of the applicable statute of limitations. Falsely accused of a sex crime chick here The reason for this is that if the government believed that they had a strong or even decent criminal case against an accused, they never would have waited 5 or 10 years to bring charges against the accused. The only exception to this is what occurred in the Bill Cosby case, where the government is arguing that significant incriminating evidence just became available to them before the statute of limitations had fully run in the form of the deposition transcript where Bill Cosby admits to penetrating the alleged victim’s genitals with his finger.
So since Bill Cosby admitted to sexually touching the alleged victim, the government doesn’t have to be concerned about proving that the touching occurred even though there wasn’t a prompt complaint to law enforcement. That means the primary issues for the jury to decide will be: did the alleged victim knowingly consent to this sexual touching and was she able to consent as a result of the pills which Bill Cosby gave her.
If you or a loved one are being investigated for a sex crime make sure to contact one of our very experienced Sex Crime lawyers.