dell_diva posted at 08:14:57 PM on Jan 25, 2018:
How can a statute of limitations not apply to a case and then years later, apply to the same case? Am I missing something?
According to the media ...
State police are investigating an allegation of criminal sexual conduct in the first degree, which is punishable by life in prison and has no statute of limitations, Lieutenant Cuevas said.
While the statute of limitations has passed, because Hickey worked with children as a teacher and coach, Michigan law allows for the case to be reopened for investigation.
13abc spoke with assistant prosecutor Angie Borders from Lenawee County who confirms this is a reopened case against Hickey.
Tony Cuevas with MSP tells 13abc that the victim contacted investigators in November and wanted to pursue charges against the suspect, even though during previous investigations did not.
Cuevas says there is no statute of limitations in Michigan. He adds the age of the victim at the time, the suspect's position of authority and the nature of the alleged crime would have allowed police to reopen the investigation either way.
Borders says, MSP asked her office to look into the information to determine whether there was enough to begin an investigation. Ultimately the prosecutor's office decided there was, so now MSP is investigating.
From here, Borders says, detectives will go through the process and send the findings back to the prosecutor's office to determine whether any official charges will be filed. At this time there are no charges pending against Hickey.
Borders says they can't make any other comments to protect all the parties involved but did say the allegations stem from Lenawee county.
mom2 posted earlier this month:
Criminal sexual conduct in the first degree does not have a statute of limitations in Michigan.
According to Michigan law:
750.520b Criminal sexual conduct in the first degree; circumstances; felony; consecutive terms.
(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
(b) That other person is at least 13 but less than 16 years of age and any of the following:
(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.