A man accused of drugging and raping two women a total of six times at his Windermere home has filed a motion to have the charges thrown out, arguing that the statute of limitations has passed.
Darryl Patterson was arrested in June 2016 after police circulated photos of possible victims, but the rapes allegedly happened as far back as 2009.
Patterson is arguing that the 4-year statute of limitations had passed before he was arrested.
Prosecutors had not filed a motion in response as of Wednesday afternoon, so what arguments they might make against the dismissals were not known.
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WFTV legal analyst Bill Sheaffer said Patterson’s statute of limitations argument was not without merit.
“There is a concern here,” Sheaffer said. “But it’s going to depend on the judge’s interpretation of the statute.”
There have been exceptions made in these types of cases in the past, but that doesn’t mean prosecutors are guaranteed to successfully fight Patterson’s motion, Sheaffer said.
“The statute of limitations is unforgiving,” he said. “You miss it (and) the case is dead. However, there has been an extension of the statute when it comes to sexual battery.”
Patterson is facing six counts of sexual battery and is currently scheduled to go to trial in January.
Cox Media Group
