Quote:Quote:
"MODESTO -- A judge on Wednesday denied a motion to dismiss a felony charge against a former Modesto teacher accused of having a sexual relationship with a 17-year-old girl 14 years ago.
James Hooker, 42, of Modesto is charged with one count of committing oral copulation with a person younger than 18, stemming from the alleged incident in the summer of 1998.
Now a 31-year-old woman, the alleged victim testified in Hooker's October preliminary hearing that the defendant performed oral sex on her at his mother's rural house near Turlock.
On Wednesday, Mary Lynn Belsher, Hooker's defense attorney, argued that the alleged victim told a counselor about the sexual misconduct in 1998, which means the statute of limitations had run out by the time prosecutors filed the criminal charge last year.
She said the counselor never notified authorities and nothing was done until 2012, when the alleged victim saw a news story about Hooker's affair with another high school student.
Stanislaus County Superior Court Judge Linda McFadden disagreed with Belsher's argument. The judge said a state law was in effect before the 1998 alleged incident, essentially making Hooker criminally liable for the rest of his life. "It's similar to murder, not having a statute of limitations," McFadden told Belsher.
http://www.modbee.com/2013/01/16/2535201...rylink=cpy
Got that? Eating out a 17 year old chick is similar to murder. If the dude was an 86 year old man in a nursing home they could charge him.
How could a crime of this nature ever be conclusively proved to have happened after 14 years?
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