RPfan1992
12-30-2015, 01:59 PM
More than 42 years after LaTeacheeah Anderson-Salvatto says she was raped, she is pursuing what she feels is her only means of recourse: A civil lawsuit against her attacker
"I'm bringing the civil case because that's what seems to be my last alternative in order for him to take any type of responsibility," Anderson-Salvatto, 53, said. "I can't bring a criminal suit because of the statute of limitations."
"I would rather have him criminally held responsible than having to (do a) civil case," Anderson-Salvatto added. "At this particular point, for me personally, I just want accountability. If I could have a criminal case against him, I would -- that would be my druthers right there. I would rather have a criminal case." The current California statute of limitations on prosecuting felony rape and sexual assault cases is 10 years after the crime occurs -- or for incidents involving minors, the age of 26. More time can be added to the statute if evidence, such as DNA, is used.
State Sen. Connie M. Leyva (D-Chino) is seeking to introduce a bill in January that would eliminate the statute of limitations for rape and other related crimes.
In an interview, Leyva cited U.S. Department of Justice numbers on rape convictions, calling the statistics "shocking."
"Only two in 100 rapists would actually be convicted and do any kind of time in prison," Leyva said, when reached by phone. "That was shocking to me. I also don't feel like the numbers are getting any better." Co-sponsoring the bill is the California Women's Law Center and San Bernardino County District Attorney Michael Ramos. Leyva also said that since she's made her announcement, other senators have offered to co-sponsor or co-author the proposed legislation.
"I think there's so much (news) about rapes on campuses and I feel that if someone knows there is a statute of limitation, if someone is the perpetrator (and) gets to ten years and one month or one day, it's like, 'Whew, I don't have anything to worry about,'" Leyva said. "... So many times, many women don't feel comfortable coming forward until maybe 10 years have passed. If they're young, they might not feel confident to come forward until they're in their 30s or 40s."
Solano County District Attorney Krishna Abrams said she supported Leyva's proposed legislation, "believe that it will assist victims who, may not always come forward to report a crime, obtain justice."
"Eliminating the statute of limitations will provide the opportunity for crime victims to gain the courage to come forward and have a voice and obtain justice by having the offenders held accountable for crimes that we can prove beyond a reasonable doubt," Abrams said in an emailed statement.
"A victim may come forward initially, but to no fault of their own, the case could not be solved. In those such cases, the victim should not be denied justice because time has run out," Abrams continued. "Sexual assault crimes are heinous crimes and if we can prove the case, the offenders should be held accountable for committing the crimes and prevented from harming others."
Anderson-Salvatto said she decided to file a civil lawsuit in October after watching an MSNBC interview with attorney Gloria Allred. Allred currently represents a number of women who have accused comedian Bill Cosby of sexual assault -- many of the incidents stretching past the current statute of limitations for these types of cases.
Although the language for Leyva's bill is not currently available, Solano County Public Defender Lesli M. Caldwell said that without reading the proposed legislation, similar bills have failed to be passed.
Caldwell wrote in an emailed statement to the Times-Herald that most do not know that the current law is already flexible about the statute of limitations.
"The statute of limitations is already extended when the victim is a minor or when evidence of a crime is uncovered, such as through (DNA)," Caldwell stated in her email.
"It appears that this bill may only apply in cases of alleged adult victims and only where there is no additional physical evidence," Caldwell continued. "Since these are very sensitive cases, current law attempts to strike a balance to protect public safety and protect against the unfortunate cases where the wrong person was convicted."
The basis of civil lawsuits being filed past the statute of limitations -- including Anderson-Salvatto's case -- that allows victims to file a claim "within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness" has occurred after the sexual abuse.
Anderson-Salvatto was previously interviewed about her case in a 2002 Times-Herald article but said in a recent interview that new circumstances led to her filing a civil suit.
"It's a timeless crime for the victim," Anderson-Salvatto said. "... It doesn't all ever go away. You can maintain it and you can get those emotions in check and ... (then you have) no more nightmares, maybe you don't jump as quick. But at the very same time, it can be triggered."
Anderson-Salvatto said that to her, the well-being of women is not considered in the justice system.
"We never seem to be important, not in justice, not in jobs, not in wages," Anderson-Salvatto said. "They always fall short and that is a problem. That's a problem, not just in this situation with statute of limitations, but that's an overall problem and women just have to (use) their voice. You have to stand up where you can and that's what I'm trying to do."
"Women still aren't treated equally in this country and that's unfortunate," Leyva said. "One of the ways we can create more respect for women is making sure that if they are raped that they have the opportunity, at whatever point in their life works for them, to come forward and have the perpetrator prosecuted."
http://www.mercurynews.com/california/ci_29318082/california-state-senator-seeks-eliminate-statute-limitation-rape
"I'm bringing the civil case because that's what seems to be my last alternative in order for him to take any type of responsibility," Anderson-Salvatto, 53, said. "I can't bring a criminal suit because of the statute of limitations."
"I would rather have him criminally held responsible than having to (do a) civil case," Anderson-Salvatto added. "At this particular point, for me personally, I just want accountability. If I could have a criminal case against him, I would -- that would be my druthers right there. I would rather have a criminal case." The current California statute of limitations on prosecuting felony rape and sexual assault cases is 10 years after the crime occurs -- or for incidents involving minors, the age of 26. More time can be added to the statute if evidence, such as DNA, is used.
State Sen. Connie M. Leyva (D-Chino) is seeking to introduce a bill in January that would eliminate the statute of limitations for rape and other related crimes.
In an interview, Leyva cited U.S. Department of Justice numbers on rape convictions, calling the statistics "shocking."
"Only two in 100 rapists would actually be convicted and do any kind of time in prison," Leyva said, when reached by phone. "That was shocking to me. I also don't feel like the numbers are getting any better." Co-sponsoring the bill is the California Women's Law Center and San Bernardino County District Attorney Michael Ramos. Leyva also said that since she's made her announcement, other senators have offered to co-sponsor or co-author the proposed legislation.
"I think there's so much (news) about rapes on campuses and I feel that if someone knows there is a statute of limitation, if someone is the perpetrator (and) gets to ten years and one month or one day, it's like, 'Whew, I don't have anything to worry about,'" Leyva said. "... So many times, many women don't feel comfortable coming forward until maybe 10 years have passed. If they're young, they might not feel confident to come forward until they're in their 30s or 40s."
Solano County District Attorney Krishna Abrams said she supported Leyva's proposed legislation, "believe that it will assist victims who, may not always come forward to report a crime, obtain justice."
"Eliminating the statute of limitations will provide the opportunity for crime victims to gain the courage to come forward and have a voice and obtain justice by having the offenders held accountable for crimes that we can prove beyond a reasonable doubt," Abrams said in an emailed statement.
"A victim may come forward initially, but to no fault of their own, the case could not be solved. In those such cases, the victim should not be denied justice because time has run out," Abrams continued. "Sexual assault crimes are heinous crimes and if we can prove the case, the offenders should be held accountable for committing the crimes and prevented from harming others."
Anderson-Salvatto said she decided to file a civil lawsuit in October after watching an MSNBC interview with attorney Gloria Allred. Allred currently represents a number of women who have accused comedian Bill Cosby of sexual assault -- many of the incidents stretching past the current statute of limitations for these types of cases.
Although the language for Leyva's bill is not currently available, Solano County Public Defender Lesli M. Caldwell said that without reading the proposed legislation, similar bills have failed to be passed.
Caldwell wrote in an emailed statement to the Times-Herald that most do not know that the current law is already flexible about the statute of limitations.
"The statute of limitations is already extended when the victim is a minor or when evidence of a crime is uncovered, such as through (DNA)," Caldwell stated in her email.
"It appears that this bill may only apply in cases of alleged adult victims and only where there is no additional physical evidence," Caldwell continued. "Since these are very sensitive cases, current law attempts to strike a balance to protect public safety and protect against the unfortunate cases where the wrong person was convicted."
The basis of civil lawsuits being filed past the statute of limitations -- including Anderson-Salvatto's case -- that allows victims to file a claim "within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness" has occurred after the sexual abuse.
Anderson-Salvatto was previously interviewed about her case in a 2002 Times-Herald article but said in a recent interview that new circumstances led to her filing a civil suit.
"It's a timeless crime for the victim," Anderson-Salvatto said. "... It doesn't all ever go away. You can maintain it and you can get those emotions in check and ... (then you have) no more nightmares, maybe you don't jump as quick. But at the very same time, it can be triggered."
Anderson-Salvatto said that to her, the well-being of women is not considered in the justice system.
"We never seem to be important, not in justice, not in jobs, not in wages," Anderson-Salvatto said. "They always fall short and that is a problem. That's a problem, not just in this situation with statute of limitations, but that's an overall problem and women just have to (use) their voice. You have to stand up where you can and that's what I'm trying to do."
"Women still aren't treated equally in this country and that's unfortunate," Leyva said. "One of the ways we can create more respect for women is making sure that if they are raped that they have the opportunity, at whatever point in their life works for them, to come forward and have the perpetrator prosecuted."
http://www.mercurynews.com/california/ci_29318082/california-state-senator-seeks-eliminate-statute-limitation-rape