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Extraction Summary
2
People
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Organizations
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Locations
2
Events
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Relationships
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Quotes
Document Information
Type:
Court document / legal brief (case 1:20-cr-00330-pae)
File Size:
793 KB
Summary
This document is a page from a legal filing in the case of United States v. Ghislaine Maxwell (Case 1:20-cr-00330-PAE), filed on April 16, 2021. The text argues against the defendant's claim that the prosecution is unfair due to the passage of time, citing the Retroactivity of Section 3283 and the 2003 Congressional amendment which extended the statute of limitations for child sexual abuse. It references legal precedents from the Eighth and Ninth Circuits to support the validity of prosecuting sex crimes decades after they occurred.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Claims that prosecuting her crimes now presents unique fairness concerns (Footnote 13). Based on the case number (1:2...
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| Congress | Legislative Body |
Intended to extend statute of limitations for child sexual abuse.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Eighth Circuit |
Reasoning regarding statute applications.
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| Ninth Circuit |
Held that Section 3283 applies retroactively.
|
|
| Department of Justice (DOJ) |
Indicated by the footer stamp 'DOJ-OGR'.
|
Key Quotes (4)
"Congress evinced a clear intent to extend the statute of limitations."Source
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Quote #1
"Congress expressly authorized prosecutions to occur decades after crimes had been committed."Source
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Quote #2
"While [the statute of limitations allowing for prosecution until the victim reaches age 25] is better than a flat five-year rule... it remains inadequate in many cases."Source
DOJ-OGR-00002990.jpg
Quote #3
"Although the defendant claims that prosecuting her crimes now presents unique fairness concerns, there is nothing unusual about prosecuting sex crimes long after they have occurred."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,386 characters)
Case 1:20-cr-00330-PAE Document 204 Filed 04/16/21 Page 56 of 239
of § 3509(k) applied to conduct predating its enactment in 1990)). The Eighth Circuit’s
reasoning—which addressed earlier versions of the statute—applies with equal, if not greater,
force to the 2003 amendment, which established an even broader statute of limitations. Following
Jeffries, the Ninth Circuit has similarly held that Section 3283 applies retroactively, because
“Congress evinced a clear intent to extend” the statute of limitations. Leo Sure Chief, 438 F.3d at
924 (citing Jeffries, 405 F.3d at 685).
reasoning—which addressed earlier versions of the statute—applies with equal, if not greater,
force to the 2003 amendment, which established an even broader statute of limitations. Following
Jeffries, the Ninth Circuit has similarly held that Section 3283 applies retroactively, because
“Congress evinced a clear intent to extend” the statute of limitations. Leo Sure Chief, 438 F.3d at
924 (citing Jeffries, 405 F.3d at 685).
Not only does the wording of the statute clearly express that Congress intended for the
2003 amendment to be the only governing statute of limitations for live claims of child sexual
abuse, but the legislative history also supports this conclusion. The Joint Report accompanying
the 2003 amendment explains that Congress wanted to expand the statute of limitations out of
concern that the 1994 amendment did not go far enough to ensure that perpetrators of child sexual
abuse were held to account:
2003 amendment to be the only governing statute of limitations for live claims of child sexual
abuse, but the legislative history also supports this conclusion. The Joint Report accompanying
the 2003 amendment explains that Congress wanted to expand the statute of limitations out of
concern that the 1994 amendment did not go far enough to ensure that perpetrators of child sexual
abuse were held to account:
While [the statute of limitations allowing for prosecution until the
victim reaches age 25] is better than a flat five-year rule [under
Section 3282], it remains inadequate in many cases. For example, a
person who abducted and raped a child could not be prosecuted
beyond this extended limit — even if DNA matching conclusively
identified him as the perpetrator one day after the victim turned 25.
victim reaches age 25] is better than a flat five-year rule [under
Section 3282], it remains inadequate in many cases. For example, a
person who abducted and raped a child could not be prosecuted
beyond this extended limit — even if DNA matching conclusively
identified him as the perpetrator one day after the victim turned 25.
H.R. Conf. Rep. No. 108-66, at 54 (2003). Congress’s express intention was to prevent
perpetrators of crimes against children from escaping justice based on a timing technicality.
Moreover, since the 2003 amendment extended the statute of limitations throughout the lifetime
of the victim, it is clear that Congress expressly authorized prosecutions to occur decades after
crimes had been committed.13
perpetrators of crimes against children from escaping justice based on a timing technicality.
Moreover, since the 2003 amendment extended the statute of limitations throughout the lifetime
of the victim, it is clear that Congress expressly authorized prosecutions to occur decades after
crimes had been committed.13
13 Although the defendant claims that prosecuting her crimes now presents unique fairness
concerns, there is nothing unusual about prosecuting sex crimes long after they have occurred.
See, e.g., United States v. Brown, 800 F. App’x 455, 461 (9th Cir. 2020) (2014 indictment charging,
among other crimes, sex trafficking offenses dating to 2000 and 2001), cert. denied, No. 20-5064,
-- S. Ct. -- , 2021 WL 78235 (Jan. 11, 2021); United States v. Pierre-Louis, No. 16 Cr. 541 (CM),
concerns, there is nothing unusual about prosecuting sex crimes long after they have occurred.
See, e.g., United States v. Brown, 800 F. App’x 455, 461 (9th Cir. 2020) (2014 indictment charging,
among other crimes, sex trafficking offenses dating to 2000 and 2001), cert. denied, No. 20-5064,
-- S. Ct. -- , 2021 WL 78235 (Jan. 11, 2021); United States v. Pierre-Louis, No. 16 Cr. 541 (CM),
29
DOJ-OGR-00002990
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