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Defenses – Statute of Limitations – Tolling – § 939.74(4)

State v. James D. Miller, 2002 WI App 197, PFR filed 8/2/02
For Miller: Matthew H. Huppertz, Craig Kuhary, Daniel P. Fay

Issue/Holding: A verdict form requiring the jury to find that the offense occurred between March 1, 1989, and November 28, 1992, adequately established a time period for the offense. And, by finding that the victim was unable to complain due to the effects of the sexual contact or efforts by the defendant, the jury found that the victim was unable to report during that period of time. ¶¶17-18. The evidence was sufficient to support this tolling of the statute of limitations, in that the defendant (a therapist who allegedly assaulted the victim during therapy sessions) told the victim that what occurred during therapy was private, and that the victim was too embarrassed and afraid to say anything. ¶¶19-20.

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