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COVER SHEET

Anonymous Number Exercise Number

2979 Mini-Research Project Six Temm

Writing Section Writing Faculty

DECLARATION OF COMPLIANCE Please fill in the number of words in this exercise in the blank below. Placement of your anonymous number on this declaration certifies that you have checked the accuracy of the information you have provided. IGNORANCE OR MISUNDERSTANDING (OF COMPUTERS OR OTHERWISE) IS NO EXCUSE. IT IS YOUR RESPONSIBILITY TO MAKE SURE YOUR ASSIGNMENT COMPLIES WITH THE LOCAL RULES OF COURT OF THE UMKC LEGAL WRITING PROGRAM, AND FAILURE TO DO SO WILL BE VIEWED AS RECKLESSNESS UNDER THE HONOR CODE. My computer has done a word count and there are 266 words in the writing exercise I am submitting. By submitting this writing exercise, I certify to the accuracy of the word count. Anonymous Number 2979

Still in Westlaw Next. child. I searched “Child Rape” and Kansas: no luck. year/s. I returned to start fresh on Westlaw Next. forcible. 7.” which led me to an applicable Kansas statute: Kan. 2. time.OUTLINE OF RESEARCH STEPS 1. Changed search query to Kansas and searched “child rape” & “statute of limitations” – nothing helpful resulted from this as the statute I found (and all those related) had been repealed. but nothing specific to my issue. I used same descriptive words. 5. Logged onto Westlaw Next (online) 3. I found some good information. From there I went to “BNA Law Reports. 4. age. §21-3106(7)(a). this was also repealed. but went to “Secondary Sources” in Kansas and found: “2005 LEGISLATIVE SESSION NOTICE OF NEW LEGISLATION PASSED” by the Journal of the Kansas Bar Association. statute of limitations. However. Ann. Kansas. Next. so I tried using Bloomberglaw. then I tried "rape" and statute of limitations and Kansas and found an article titled. I was feeling insecure about my research techniques. “Supreme Court Didn't Carve Out Exception To Its Ban on Reviving Time-Barred Charges. Developed descriptive word list: rape.com. 2 . sexual battery.” 6. Stat.

S. I tried “Limitation” and found “K. and amendments thereto. 22-3717. 14. I hit “ctrl-f” on my keyboard and tried to find “statute of limitations. 9. Time limitations for commencement of prosecution. 21-5107.” 12. 3 .” 11. I found the last legislative session on this issue was in 2012.S. I went back to “Kansas Statutes & Court Rules” and simply scrolled down and found the topic of “Crimes and Punishments. shall be commenced within the limitation of time provided by the law pertaining to such offense or one year from the date on which the identity of the suspect is conclusively established by DNA testing.S. 21-5503).” however nothing was found. 13.8.S. From this. a prosecution for a sexually violent offense as defined in K.” and inserted “child rape” and “statute of limitations” once again. but not enough. whichever is later. I found the definition of Rape (K. So. As I scrolled down the statute. I found info pertaining to my issue: “(c) Except as provided in subsection (e). I reduced my search query to Kansas and clicked on “Statutes and Court Rules. 22-3717” to see if my client’s event fell into the definition of “sexually violent offense” and she does.” 10.A. Last I clicked on the “History” tab -> “Legislative History Materials” to see if the statute is likely to change in the future.A. This was helpful. I clicked on statutes on the side of page.A.A. I then clicked on “K. To save time.

I read through it and found nothing. This brought me to a Kansas Supreme Court definition of privilege. Unauthorized Practice of Law” which gave another possible answer for my second issue.5. 18. “nonlawyers giving legal advice” in Westlaw Next. This research lasted 2-2. 4 . 16. I first searched. I scrolled down to find a possible answer and found a cite to the Kansas Consumer Protection Act. I also searched “attorney client privilege” and restricted search by clicking the “Kansas” and “cases” tabs on left side of the screen.15. 17.5 hours. To address the issue of what I should tell Grace Semple. I went back to my search list and typed in search bar “unauthorized practice of law” and found “KRPC 5. under Kansas Statutes.

§ 21-2107 (West 2012). Kan. The statute of limitations for beginning prosecution against Justin Bieter for raping MacDougal has expired. § 21-5503 (West 2012). MacDougal’s time limit to prosecute has passed. Since the DNA evidence establishing Bieter as MacDougal’s attacker was determined over one year ago on October 16. Stat. A sexually violent crime is defined as “knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse. MacDougal cannot obtain justice because Bieter cannot be prosecuted for this particular crime. 5 . Additionally. Ann. Stat. a “sexually violent offense” must be prosecuted within one year from when the DNA conclusively determined the suspect’s identity. 2011. Kan.SHORT ANSWER Justice will not likely be brought to Ella MacDougal. Ann. Consequently.

Therefore. However. Kan. for example social workers or government employees. 6 . Moreover.Advising Grace Semple depends on if she is my client. Ann. “[A]ll communications protected by the attorney-client privilege will be confidential and covered by [an] ethical duty. 747. Stat. and to attempt to capture or save any DNA from their rapist. 759 (2010). any licensed attorney may not aid anyone who is not a bar member in the unauthorized practice of law. lawyers may provide advice to “nonlawyers whose employment requires knowledge of law. but not how they would apply to MacDonald’s case (unless MacDonald consents). or anyone else’s case. I would advise Semple to encourage her clients to go to authorities as soon as possible since the time limits to prosecute are short. Semple may know any of the legal rules stated above. Gonzalez. § 5-5 (West 2012). Id.” State v. 290 Kan.