Background
In 1994, the California State Legislature enacted a specific statute of limitations (PC Section 803(g) (3)(A)) for child sexual abuse crimes, allowing charges to be filed within one year of the time that the crime was reported to the police. It allowed, when the prior limitations period has expired, criminal prosecution on child molesting charges many years after its occurrence.
In 1998, petitioner Marion Stogner was indicted for molesting for acts committed between 1955 and 1973, under California's specific statute of limitations. It occurred after Stogner's two sons were both charged with molestation. During the state's investigation of one of the sons, Stogner's daughters reported that their father sexually abused them for years when they were under the age of 14. The grand jury found probable cause to charge Stogner with molestation of his two daughters. [3] [1]
Stogner claimed that the statute violates the ex post facto law and due process clauses by retroactively invoking laws that were not in place at the time of the alleged offenses. At the time that the crimes were allegedly committed, the statute of limitations was three years. The victims, his two daughters, said that they had not reported sooner because they were in fear of their father. The applicable California law had been revised in 1996, extending the statute of limitations retroactively. [2]
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment.
An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.
The year and a day rule is associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more than a year and a day before the death.
Rogers v. Tennessee, 532 U.S. 451 (2001), was a U.S. Supreme Court case holding that there is no due process violation for lack of fair warning when pre-existing common law limitations on what acts constitute a crime, under a more broadly worded statutory criminal law, are broadened to include additional acts, even when there is no notice to the defendant that the court might undo the common law limitations, so long as the statutory criminal law was made prior to the acts, and so long as the expansion to the newly included acts is expected or defensible in reference to the statutory law. The court wrote,
In the context of common law doctrines... Strict application of ex post facto principles... would unduly impair the incremental and reasoned development of precedent that is the foundation of the common law system." The decision did not affect the requirement of fair warning placed on statutes passed by legislatures - "The Constitution's Ex Post Facto Clause... 'is a limitation upon the powers of the Legislature, and does not of its own force apply to the Judicial Branch of government'... a judicial alteration of a common law doctrine of criminal law [only] violates the principal of fair warning... where it is 'unexpected and indefensible by reference to the law which had been expressed prior to the conduct in issue.
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue. The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.
Smith v. Doe, 538 U.S. 84 (2003), was a court case in the United States which questioned the constitutionality of the Alaska Sex Offender Registration Act's retroactive requirements. Under the Act, any sex offender must register with the Department of Corrections or local law enforcement within one business day of entering the state. This information is forwarded to the Department of Public Safety, which maintains a public database. Fingerprints, social security number, anticipated change of address, and medical treatment after the offense are kept confidential. The offender's name, aliases, address, photograph, physical description, driver's license number, motor vehicle identification numbers, place of employment, date of birth, crime, date and place of conviction, and length and conditions of sentence are part of the public record, maintained on the Internet.
The Dru Sjodin National Sex Offender Public Registry is a cooperative effort between U.S. state agencies that host public sex offender registries and the U.S. federal government. The registry is coordinated by the United States Department of Justice and operates a web site search tool allowing a user to submit a single query to obtain information about sex offenders throughout the United States.
Calder v. Bull, 3 U.S. 386 (1798), is a United States Supreme Court case in which the Court decided four important points of constitutional law.
Hurtado v. California, 110 U.S. 516 (1884), was a landmark case decided by the United States Supreme Court that allowed state governments, as distinguished from the federal government, to avoid using grand juries in criminal prosecutions.
Bradley Willman is an anti-pedophile activist from Canada who engaged in private investigations using the Internet to expose pedophiles. At one time, he had unfettered access to between 2,000 and 3,000 computers that had been used to visit websites of interest to pedophiles as the result of his use of a Trojan horse. Willman's actions helped put California Superior Court judge Ronald Kline in prison for more than two years in 2007 for possession of child pornography. However, the legality of Willman's use of the Trojan horse was a basis for appeal by the judge.
Kansas v. Hendricks, 521 U.S. 346 (1997), was a United States Supreme Court case in which the Court set forth procedures for the indefinite civil commitment of prisoners who are convicted of a sex offense and are deemed by the state to be dangerous because of a mental abnormality.
Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia, which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws.
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
Child sexual abuse laws in the United States have been enacted as part of the nation's child protection policies.
Seling v. Young, 531 U.S. 250 (2001), was a United States Supreme Court case decided in 2001. The case concerned a challenge to a civil commitment statute for sexual predators in Washington state. The petitioner tried to differentiate this case from previous ones before the Supreme Court which upheld civil commitment statutes. The Court rejected the challenge to the law over the objection of a single Justice.
During the tenure of Morrison Waite as Chief Justice of the Supreme Court of the United States, the Supreme Court heard an unprecedented volume and frequency of criminal cases. In just fourteen years, the Court heard 106 criminal cases, almost as many cases as the Supreme Court had heard in the period from its creation to the appointment of Waite as Chief Justice. Notable cases include United States v. Cruikshank (1875), United States v. Reese (1875), Reynolds v. United States (1878), Wilkerson v. Utah (1879), the Trade-Mark Cases (1879), Strauder v. West Virginia (1880), Pace v. Alabama (1883), United States v. Harris (1883), Ex parte Crow Dog (1883), Hurtado v. California (1884), Clawson v. United States (1885), Yick Wo v. Hopkins (1886), United States v. Kagama (1886), Ker v. Illinois (1886), and Mugler v. Kansas (1887).
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws, in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring, finding it was a Fourth Amendment search that was later ruled constitutionally unreasonable by the state court.
Gundy v. United States, No. 17-6086, 588 U.S. 128 (2019), was a United States Supreme Court case that held that 42 U.S.C. § 16913(d), part of the Sex Offender Registration and Notification Act ("SORNA"), does not violate the nondelegation doctrine. The section of the SORNA allows the Attorney General to "specify the applicability" of the mandatory registration requirements of "sex offenders convicted before the enactment of [SORNA]". Precedent is that it is only constitutional for Congress to delegate legislative power to the executive branch if it provides an "intelligible principle" as guidance. The outcome of the case could have greatly influenced the broad delegations of power Congress has made to the federal executive branch, but it did not.
United States v. Briggs, 592 U.S. ___ (2020), was a United States Supreme Court case involving whether the United States Court of Appeals for the Armed Forces (CAAF) erred in ruling that the Uniform Code of Military Justice allows prosecution of a rape committed between 1986 and 2006 only if it was discovered and charged within five years. The Court, with the exception of Justice Amy Coney Barrett who did not participate on the case, ruled unanimously that under the Uniform Code, such crimes that are "punishable by death" under the Code do not have a statute of limitations unlike similar civilian crimes.
