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A question for cops or lawyers, or anyone with legal knowledge

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Old 08-18-2014, 07:27 AM
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Default A question for cops or lawyers, or anyone with legal knowledge

What kind of proof would be available 46 years later that would allow someone to be arrested? Just because the woman said it was true?

How does this work? If 20 years from now I say someone sexually assaulted me, can I just have them thrown in jail? Seems if someone really didn't like you, this would be a good way of "getting back" at them. Doesn't there have to be some kind of proof?

http://www.postandcourier.com/articl...PC16/140619284

An 82-year-old man was arrested Tuesday after a woman said he sexually assaulted her more than 40 years ago when she was a child in Charleston.

Leroy Kennedy Jr., a former West Ashley resident whose current address is Freeman Street in Varnville, is charged with first-degree criminal sexual conduct with a minor.

The woman said Kennedy forced her to perform oral sex numerous times between 1968 and 1970 at his house on Parkdale Drive and at a rental house on Folly Beach when she was between 6 and 8 years olds, according to the arrest affidavit from the Charleston County Sheriff's Office. She told investigators Kennedy threatened to kill her if she ever told on him, the affidavit said.

Her two sisters also reported similar incidents in other jurisdictions, according to the affidavit. It was not immediately know if Kennedy was facing similar charges elsewhere. No other charges were listed Wednesday on a criminal background check from the State Law Enforcement Division.

Kennedy was being held in the Charleston County jail Wednesday.
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Old 08-18-2014, 07:34 AM
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Now that is weird. I thought statute of limitations only applied indefinitely to murder.
But then again, I'm not LEO either

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Old 08-18-2014, 07:56 AM
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There has got to be more to the story (as a possible example, perhaps the police showed up to question him and found him in possession of child porn so they arrested him for that). The fact that the article didn't even address the obvious issue of statute of limitations makes me wonder how reliable the rest of it is.
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Old 08-18-2014, 08:05 AM
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At least in SC, there is no statute of limitations for sex crimes.
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Old 08-18-2014, 10:01 AM
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Has there always been no SOL on sex crimes in SC? I know that a lot of states have changes those laws in recent years.
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Old 08-18-2014, 10:24 AM
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I don't know; that was always my interpretation on non civil actions.
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Old 08-18-2014, 10:26 AM
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So... Joe... why has this got YOU worried?

JK!
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Old 08-18-2014, 10:32 AM
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Originally Posted by cphilip View Post
So... Joe... why has this got YOU worried?

JK!
My client has no comment
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Old 08-18-2014, 10:34 AM
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No statute of limitations on any felony on NC.

Here, this is what it takes to get a warrant. There must be enough information, evidence "probable cause or whatever to convince a "reasonable person" that a crime has been committed....that "reasonable person" being a magistrate who is the entity that issues the warrant.
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Old 08-18-2014, 11:09 AM
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Originally Posted by tokinred View Post
My client has no comment
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Old 08-18-2014, 11:10 AM
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Originally Posted by beatcop49 View Post
No statute of limitations on any felony on NC.

Here, this is what it takes to get a warrant. There must be enough information, evidence "probable cause or whatever to convince a "reasonable person" that a crime has been committed....that "reasonable person" being a magistrate who is the entity that issues the warrant.
Interesting.
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Old 08-18-2014, 11:13 AM
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I think someone has some skeletons in the closest!
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Old 08-18-2014, 11:19 AM
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This just seems like an easy crime to pin on someone that doesn't require any real proof.
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Old 08-18-2014, 11:20 AM
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Just an observation there can't be much evidence if any other then one persons word against the others. Wouldn't this most likely get thrown out pretty early in the court proceeding?
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Old 08-18-2014, 12:02 PM
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Originally Posted by chad13 View Post
Just an observation there can't be much evidence if any other then one persons word against the others. Wouldn't this most likely get thrown out pretty early in the court proceeding?
Definitely a "her word against his", but as was said about the guy on the " Son of a Gun" show, there is no damage control for that allegation.
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Old 08-18-2014, 12:08 PM
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Originally Posted by Joe View Post
Interesting.
NC is weird. It is one of the states where the ATF probably doesn't consider a pardon withou restoration of firearms rights be an effectivepardon, because even the governor cannot restore handgun rights with a full pardon and the ATF is very bad about interpreting sate laws to its own benefit. You could be legally permitted to own a rifle by NC law and still perhaps be subject to Federal sanctions. Same deal in Texas where your right to posses a firearm only in your own home is supposedly restored by state law after 5 years. In the past, ATF/DOJ has even gone so far to say that if you receive a general pardon without a specific restoration of firearms rights, but the state can still use your prior conviction to enhance a sentence if you are convicted in the future, then that is not a pardon for purposes of firearms rights restoration.
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Old 08-18-2014, 12:22 PM
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Ponderous man.
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Old 08-18-2014, 12:25 PM
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Originally Posted by chrispnet View Post
Ponderous man.
Kasey Kasem?
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Old 08-18-2014, 01:00 PM
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Originally Posted by Danny33486 View Post
Kasey Kasem?
Damm Right!
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Old 08-18-2014, 01:10 PM
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In many States, the statute of limitations for "sex crimes" clock begins on the date that the crime is reported.

Last edited by 1954oldred; 08-18-2014 at 01:23 PM.
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