Criminal
Jun. 19, 2002
Molestation Can't Merit Two Sentences
SAN FRANCISCO - A law aimed specifically at incest perpetrators and other so-called "resident molesters" who repeatedly abuse the same child cannot be used to punish defendants twice for the same crime, the California Supreme Court ruled Monday.
The high court unanimously held that a defendant found guilty of "continuous sexual abuse," defined as three or more incidents, cannot also be convicted of the individual underlying acts of that abuse.
At issue in Monday's case was how to interpret Penal Code Section 288.5, which was enacted in 1989 to address a recurring problem in the prosecution of resident molesters: Because the victims are often young and are assaulted multiple times, prosecutors are hard-pressed to identify specific details about dates, places and circumstances. Likewise, the defense is hindered in its ability to respond to specific charges.
Under Section 288.5, the prosecution need only prove there were at least three assaults without having to show exactly what occurred and when. But the statute also limits the prosecution by stating that "no other felony sex offense involving the same victim may be charged in the same proceeding" unless it was outside the time period of the continuous sexual abuse.
In People v. Johnson, S097857, the defendant was convicted in Los Angeles County of continuous sexual abuse of a child under 14, in addition to being convicted of individual offenses against the same child during the same period. He was sentenced to 16 years in prison for the continuous abuse, and his sentence for the remaining counts was stayed.
The 2nd District Court of Appeal reversed the convictions for the individual offenses, saying they contradicted the plain language of the statute.
The Supreme Court agreed. Writing for the court, Justice Kathyrn Mickle Werdegar expressly disapproved a conflicting 1994 appellate court decision, People v. Valdez, 23 Cal.App.4th 46, which held that multiple convictions are allowed under the continuous abuse statute.
Peter Blumberg
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