amendment extending statute of limitations from two to five years applied prospectively to prosecution commenced after effective date of amendment, where prosecution was not time-barred under former two year limitations period, regardless of whether crime for which defendant was being prosecuted occurred before or after effective date of the amendment
How later courts described this case
- amendment extending statute of limitations from two to five years applied prospectively to prosecution commenced after effective date of amendment, where prosecution was not time-barred under former two year limitations period, regardless of whether crime for which defendant was being prosecuted occurred before or after effective date of the amendment
- the five year statute of limitations for rape, 42 Pa.C.S.A. § 5552(b) applies prospectively to any prosecution commenced after its effective date on a cause of action which has not already expired regardless of whether the crime for which the prosecution is commenced occurred prior to or after the effective date of the act
- when a new period of limitations is enacted before the prior period of limitations has expired, in the absence of language to the contrary, the period of time accruing under the prior statute of limitations shall be applied to calculation of the new period of limitations
- the five year statute of limitations for rape, 42 Pa.C.S.A. § 5552(b
Written by the judges who cited it.
The opinion
TAMILI A, Judge,
dissenting:
I respectfully dissent from the majority’s decision and join the dissent by McEwen, J. as I believe it is more persuasive on the issue of retroactivity of a criminal offense. I am further persuaded in this view by the fact that the Supreme Court had an opportunity to review this issue when it considered Commonwealth v. Baysore, 349 Pa.Super. 345 , 503 A.2d 33 (1986) and denied allocatur. While I am extremely reluctant to reverse a jury finding under these circumstances where a child has been sexually assaulted over a period of years by an adult, I believe Bay-sore requires it. Fortunately, the amendment of 1985, Tolling of Statute, 42 Pa.C.S.A. § 5554(3), provides the statute will not run as to.a child under 18 years of age where the crime involves injury to the person of the child because of unlawful violence or neglect by the child’s parents, persons responsible for the child’s welfare, individuals residing in the same home as the child or a paramour of the child’s parents. Thus it appears that offenses of this kind, as to children, will not escape prosecution in the future because of the child’s immaturity, fear, or lack of understanding which delays reporting of the offense.