In a recent case before an Arizona criminal court, the defendant asked for the court to overturn a conviction for sexual assault and voyeurism, arguing that one charge was brought against him too late after the offense occurred. Reviewing the defendant’s argument, the higher court ultimately denied his request, ruling he had not raised the issue early enough to benefit from the relevant statute of limitations.
Facts of the Case
According to the opinion, the defendant was indicted in 2019 for sexual assault and voyeurism against several victims. The offenses occurred in 2008, 2015, 2017, and 2018. In each of the instances, the victim came forward and alleged that the defendant either raped, assaulted, or recorded her in a promiscuous setting without her consent.
Before the defendant’s case went to trial, he asked the Court to hold a separate trial for the 2008 incident because it was so far apart from the other incidents. The superior court denied the defendant’s request, and the trial moved forward.
The Decision
A jury found the defendant guilty of sexual assault and voyeurism against seven different women. The court sentenced him to several decades in prison, and the defendant appealed. On appeal, the defendant’s main argument was that the 2008 offense should have been barred because of the statute of limitations. In Arizona, the State generally has seven years to initiate prosecution for sexual assault felonies. Here, said the defendant, more than seven years passed, and the State should not have been able to charge him with the crime over ten years later.