The child in this case was a 14 years old girl, who underwent a medical examination, and revealed that she was 12 weeks pregnant. At first, the girl denied that she had been sexually active or that she was being sexually abused at home. She later claimed that she had been raped at school by a classmate.
The girl eventually told the investigating police officers that she had consensual, unprotected intercourse with a 14 year old boy. She explained that she lied about being a rape victim because she did not want her parents to know that she was having sex. After she gave the police a written withdrawal about the accusation, the case was closed.
The girl turned 18 years of age. Over a year later, when she was 19 years old, she informed the police that she had been sexually assaulted years earlier by her step-grandfather and her previous statement aren’t true.
The girl subsequently testified before a grand jury that her step-grandfather had raped her on three different occasions in their home where they resided. On at least one of those occasions, the offender allegedly threatened the girl that he will going to rape her sister if she did not submit to intercourse with him. She claimed that she told her grandmother about the incidents but her grandmother did not believe her. She also explained that she had kept the sexual assault and pregnancy a secret from everyone because her step-grandfather warned her not to say anything and she was afraid of him.
The grand jury consequently indicted the offender for numerous offenses grouped into the three distinct time periods. First, for the offender’s alleged conduct, he was charged with rape in the second degree, sexual misconduct, endangering the welfare of a child, two counts of sexual abuse in the third degree and harassment in the second degree. Second, with respect to his actions, he was indicted for rape in the second degree, rape in the third degree, sexual misconduct, menacing in the third degree, sexual abuse in the third degree, harassment in the second degree and endangering the welfare of a child. Lastly, the offender was charged with rape in the second degree, sexual misconduct, harassment in the second degree and endangering the welfare of a child.
Accordingly, the offender was cumulatively indicted for three counts of second-degree rape, one count of third-degree rape, three counts of sexual misconduct, one count of endangering the welfare of a child, three counts of third-degree sexual abuse, one count of third-degree menacing and three counts of second-degree harassment.
The offender then moved to dismiss the indictment against him, contending that the statutes of limitations for all of the charged offenses had expired. He further asserted that the limitations periods began to run when the victim informed the police that she had been raped by a classmate.
Based on the commencement date, the offender argued that the statutes of limitations expired and, therefore, the charges against him were untimely as they were not initiated.
To Be cont…
Protecting our kids against other people’s interest is hard but protecting our children against the interest of the people inside our own home is more difficult. Dealing with sex offense is one of the hardest things to do. Whenever you need help with this kind of matter, you can hire the New York City Sex Crime Attorney or NYC Criminal Lawyer. Simply visit Stephen Bilkis and Associates office for your queries.