Nonetheless, the State’s apparent ignorance of the law does not necessarily suggest it delayed prosecution to gain a tactical advantage over defendant or that it acted in reckless disregard of his ability to defend against the charges. Indeed, allegations of a sexual nature, in the absence of DNA or other forensic evidence, do not generally strengthen over time. Most often, these crimes are committed in secrecy, outside the presence of eyewitnesses, as Inna alleged in this matter. The same can be said for the State’s belated claim that the matter essentially fell through the proverbial cracks. As stated, however, we conclude, without deciding the first Townsend prong, defendant failed to demonstrate actual prejudice by the State’s delay.
The Court’s reasoning is strained with regard to the State being “ignorant” of the law. Case law requires us to assume that everyday lay people are imputed with a knowledge of the law. Our Courts should impute at least that much knowledge to the trained legal professionals that are tasked with enforcing the law.