“There are no statue of limitations in New York when it comes to first-degree rape,” University of Illinois College of Law professor Robin Wilson tells PEOPLE. “You could be 100 and they could still come after you.”
That’s not the case in California or Pennsylvania, the other states cited in accusations against Cosby. In those jurisdictions, the statute of limitations is 10 years.
In a statement, Singer decried accusers who “have come forward in the past two weeks with unsubstantiated, fantastical stories about things they say occurred 30, 40, or even 50 years ago.” But time and a lack of physical evidence aren’t necessarily insurmountable obstacles in New York, says Wilson.
“Even if the ladies had come forward the next day, they wouldn’t [necessarily] have any better physical evidence than they do right now,” explains Wilson, who says that some drugs used in cases of date rape “wash out of your system and leave no trace.” A highly motivated prosecutor could decide that taking Cosby to court was still worth it – despite the high hurdles.
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