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California Supreme Court: People vs. Frazer

On August 30, 1999, the California Supreme Court announced its decision in People v. Frazer. By a 4-3 majority, the Court upheld the state's revised statute of limitations for child molestation offenses. This paper will discuss the history of that case, the issues involved, and the Court's opinions (both the majority and the dissent).

The case began on October 21, 1996, when the Mendocino County District Attorney charged Raymond Lawrence Frazer with one count of lewd conduct with a child under age 14. The complaint alleged that Frazer had molested a girl (identified by the prosecutor only as ôJessica F.ö to protect her identity) between the dates of October 1, 1984 and December 31, 1984. The crime carried a sentence of three to eight years in prison.

Traditionally, such charges would have been ôtime barred,ö i.e., the prosecutor could not have brought the case because the statute of limitations had expired. Indeed, in California, the statute of limitations for offenses of this kind (crimes with a possible sentence of eight years in prison) is six years. That limitation, however, allows numerous acts of molestation to go unpunished. This is because, as the California Supreme Court noted, ôyoung victims often delay reporting sexual abuse because they are easily manipulated by offenders in positions of authority and trust, and because children have difficulty remembering the crime or facing the trauma it can cause.ö As a result, many molesters never face legal sanction, even if their victim(s) recall their experience at a later date. Recognizing that quandary, the California Legislature created an exception to the statute of limitations rule for child molestation cases.

Specifically, the Legislature amended the statute of limitations for criminal offenses, not once but twice. On January 1, 1994, the Legislature added section 803(g), which created an exception for certain serious sex offenses (those allegedly com...

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California Supreme Court: People vs. Frazer. (1969, December 31). In LotsofEssays.com. Retrieved 14:42, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1709412.html