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MT: The Latest: Fox asks Montana lawmakers to act on [child sex crime] time limits

[ – 2/19/19]


The Latest on Montana cases before the Supreme Court (all times local):

4:20 p.m.

Montana Attorney General Tim Fox is asking state lawmakers to act after the U.S. Supreme Court rejected his petition that would have allowed prosecutors to charge a man for the decades-old rape of an 8-year-old girl.

The Republican attorney general called the high court’s decision Tuesday “beyond disappointing.” He is urging the Legislature to repeal statutes of limitations for child sex crimes, saying no offender “should find comfort in running out the clock.”

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I have a hard time believing that a DNA sample from 30 years ago is even possible. Forensics at that time were simply not as sophisticated as now, especially in remote places like Montana. The reason for statutes of limitation are for cases like this. How is the accused supposed to defend himself? How does he answer questions like “Where were you on March 28th, 1987 from 6 to 8 pm? Can anyone verify that?” Do they seriously think he (or anyone) can give an hour-by-hour account of wherever he may have been at any point 30 years ago? Or… Read more »

Every time I read one of these I have to ask all you Californians: If 2002 SCOTUS Stogner decision stopped California in it’s tracks, then why can’t other States be affected ??

They can be and are. That’s why SCOTUS rejected the petition…it had already ruled this type of legislative hijinx to be an Ex Post Facto violation.

There are reasons for statutes of limitations beyond just the difficulty in memory recollection and quality of evidence. There is also the need to restrict the number of unlikely or bad cases wasting court time. In addition, there needs to be an urgency to report crimes to prevent more victims. If someone waits 20 years, there is no help to prevent other victims when it mattered. This guy trying to get the court to ignore statute of limitations is obviously just a political game. He knew darn well the result. He just wants to make the news and get votes… Read more »

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