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James Daloisio
James Daloisio, Lawyer
Category: Criminal Law
Satisfied Customers: 101
Experience:  30 years experience in criminal law, continuing education.
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A person applies for a job in law enforcement. During

Customer Question

A person applies for a job in law enforcement. During pre-employment polygraph exam with police officer confesses to brief fondling of childs genitalia for sexual gratification when 16 years old. 14 years ago. No victim identity divulged. Is person in danger of being charged, Did sign a waiver of rights as part of routine for polygraph exam.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Iowa, just two days ago
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Criminal Law
Expert:  James Daloisio replied 3 months ago.
Hello, my name is***** a former prosecutor. The answer to your question based upon the facts you've provided is no. While most jurisdictions have provisions that extend the statute of limitations in sexual assault cases, the issue in your case is what's known as the "corpus/cop out rule." A person cannot be convicted of a crime based solely upon a confession. There must be independent evidence of the crime itself, I.e., the "corpus." This evidence need only be slight but must be sufficient to support an inference that "someone" committed the offense. In your fact situation there's no evidence aside from the statement of the examinee.
Customer: replied 3 months ago.
Thank You, ***** ***** a very thorough answer.
Expert:  James Daloisio replied 3 months ago.
You're welcome. I hope I've earned a positive rating from you. If you wish to further research the issue you can take a look at Iowa Rule of Criminal Procedure 2.21(4). Thank you.