When does the 3 year statute of limitations begin for criminal conversation? Does it begin at the last known date of contact between the two, as they are not together now. When does the time begin?
It begins at the conclusion of the last act giving rise to the claim.
Do you mean the last “sexual act” or the last time they were together as a couple, because it would be tough to pinpoint the last “sexual act” date. All of this happened in secret. I can document meetings and phone records.
Since criminal conversation is action based on the occurrence of a sexual act it is the date of the last act. While the evidence you have is circumstantial that an act was committed, most evidence of sexual acts is circumstantial and this type of evidence can and often does give rise to a finding that a sexual act occurred.
Thanks for your answers. I can prove beyond doubt of “sexual activity” on a date that has past the 3 years by about a week, but I can show evidence that there was opportunity for it to have happened again and the 3 years for that have not passed yet (such as they were together at his house alone until the early hours of the morning). So it would seem to me that this would still count. Yes or no?
So what is the latest date the 3 year clock can begin ticking? DOS…DOD or when?
The date of the last act giving rise to the claim, it can occur after DOS in a criminal conversation claim.