Statute of limitations likely to save Josh Duggar from facing judge
CONWAY (KATV) — "There have been instances where we've had victims come in and we had to tell them, you know look I'm sorry it just doesn't fit within the statute of limitations," said Cody Hiland, 20th Judicial Circuit prosecutor.
The statute of limitations is the set of rules that govern prosecutors like Cody Hiland, preventing them seeking charges against someone for a crime committed a specified number of years ago.
Many crimes in Arkansas don't have a statute of limitations like capital and first degree murder, sexual indecency with a child, first degree sexual assault and child porn. But most crimes have limits to when action can be taken against the suspect.
"It depends on the facts as they're presented to you as a prosecutor," said Hiland.
Depending on those facts, crimes that normally would have a statute of limitations might not. For example, if a rape occurs and there's DNA evidence then the normal six year statute of limitations goes away.
Class "A" and "Y" felonies, carry six year statutes of limitations. Class "B", "C", and "D" felonies carry only three year statute of limitations. But the exceptions to the rule are made again if the victim is a minor. Instances of rape and sexual assault will have no statute of limitations if the victim was under the age of 18.
But when it comes to suspects that are minors - that's where the grey area comes back into play.
"If it's sexual assault second, if it's a minor on a minor, meaning a minor commits against a minor, then that's the domain of the juvenile court and juvenile court loses jurisdiction over them at the age of 21," said Hiland.
Hiland said minor victims of sexual assault usually have the most trouble coming forth and reporting sexual assault when it happens.
"Predators prey on children because they're counting on them not telling anybody," said Hiland.
