Does the statute of limitations for sexual assault privilege apply?

California, United States of America


The following excerpt is from People v. Fonseca, 36 Cal.App.4th 631, 42 Cal.Rptr.2d 525 (Cal. App. 1995):

Defendant relies on several cases, which we find inapplicable. In Blackburn v. Superior Court (1993) 21 Cal.App.4th 414, 27 Cal.Rptr.2d 204, a civil case arising out of child molestation, the statute of limitations for criminal prosecution barred prosecution at the time the privilege was claimed. Since the civil defendant could not be criminally punished, the privilege did not apply.

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