Why is there a statute of limitations on sex-related crimes?

[Siwsan]

This is always bothered me. I know it varies from state to state.

[Warpy]

1. So males can skate away from their "youthful indiscretions."

That's the only conceivable reason.

There should be no statute of limitations on sex crimes against children.

[Siwsan]

3. They should lift them, all together, against children AND adults

The psychological damage is equal to any damage done by a physical assault

[Rex]

2. I did not know there was one! Is that state by state or a federal law?

So...murder YES...rape NO...interesting.

[Siwsan]

4. Found on this link

http://victimsofcrime.org/docs/DNA%20Resource%20Center/sol-for-sexual-assault-check-chart---final---copy.pdf?sfvrsn=2

[SoCalNative]

8. It's by state

and many states define rape (which is a felony) very narrowly.

[KamaAina]

5. Same reason there's one on every other crime except murder.

[Siwsan]

6. I just don't understand

If evidence can be produced, or even a pattern of behavior, it would seem a good reason to at least open an investigation.

[Solly Mack]

7. I don't think there should be one.

Damaged caused to the victims can be lifelong.

[deathrind]

27. I could not agree with you more.

I have a close friend who was raped in her early 20's, she is now in her late 40's and still suffers greatly because of it.

[Agnosticsherbet]

9. What follows in a link to an answer I found

http://articles.mcall.com/2012-01-03/opinion/mc-explain-it-statute-of-limitations-20120103_1_abuse-cases-statute-accusers

[Siwsan]

11. Thanks. There was a sentence in the article that made my blood boil

And there's an emotional component, too: Statutes of limitations protect suspected criminals from spending their lives looking over their shoulders.


I'm far more concerned with the emotional component felt by the victims.

[Dont call me Shirley]

18. That makes my blood boil too.

Exactly what our legal system is about protecting criminals. And with TPP that will get much much worse.

[Agnosticsherbet]

22. I think that sex crimes should have no statute of limitations.

Victims live with the consequences of such crimes for the rest of hteir lives.

The perpetrators should not get a free pass.

[cheyanne]

10. Is there a statute of limitation on parental abuse/neglect?

The parents have confessed to not responding to child molestation and there are still minors in the family. Shouldn't a state agency be able to at least investigate the family now?

[Solly Mack]

12. Excellent point. He still has contact with his siblings.

And he has a daughter of his own, with another on the way.

[Siwsan]

13. Good question

I think that sounds like depraved indifference.

[herding cats]

14. It would seem such a statute should not even come into play until after the victim is an adult.

I realize several states do have such a system set up, but in this case it's three years after it was known. Which has left the victim(s), all minors at the time with more than 3 years until they became adults, with zero power after they reached their majority to seek justice.

That's just wrong. Many families try and pretend sexual molestation isn't taking place, or it was "an isolated incident" which leaves the abusers free to carry on their abuse for generations to come. This specific statute of limitations seems to encourage such behavior. Sort of like they're saying, "if the family wants to sweep this under the rug, who are we to stop them?"

[KitSileya]

21. Yes, and even that should be suspended if the victim told someone.

If a victim told a mandatory reporter, and that m.r. didn't report it, there should be no statute of limitations.

[hifiguy]

15. Deterioration of physical evidence and failure of memory

- pretty much the same reasons there are SoLs on most crimes other than murder. Distance in time presents problems in any prosecution unless there's DNA evidence.

[jwirr]

16. Back in the 80s there were a lot of old memory claims of sexual abuse. Many doubted that this

was possible and some states even went so far as to make time limits on abuse laws. These are the laws that now allow what has happened in the Duggar families.

What was happening was that women would go through counseling and remember that they were abused years ago. Those who opposed this idea were claiming that the counselor was putting these thoughts into their head. That is why some states have statutes of limitation.

And I agree there should not be laws like this. The women who have suffered abuse do not have time limits.

[phil89]

29. That was based on bogus

"recovered memory" therapy and was also tied in with the Satanic ritual abuse moral panic. It ruined lives and it's a good thing people are aware of it.

[jwirr]

32. I knew it was bogus but it is the reason these states have these idiot laws.

[Jefferson23]

17. Depends on the state, as far as I know..here in CT the children have greater protection:

CHILD VICTIMS OF CHILD SEXUAL ABUSE:
There is no limitation for reporting child abuse if the victim is still a child. (under age 18), regardless of how many years have elapsed between the incidence and the report. Report all known or suspected incidents of child abuse to the Connecticut Department of Children and Families Child Abuse and Neglect Hotline [phone]).

TO FIND PROVIDERS IN CONNECTICUT'S COMMUNITY RESOURCES DATABASE:
Search by service name: Child Abuse Hotlines

ADULT VICTIMS OF CHILD SEXUAL ABUSE:
For information on the statute of limitations on cases of child sexual abuse, and whether a case can be prosecuted, call the Sexual Assault Hotline [phone] (1-888-568-8332 en español), or contact the Office of the State’s Attorney at the State of Connecticut Division of Criminal Justice.

http://www.211ct.org/InformationLibrary/Documents/victimsofchildsexualabuse.asp

[hifiguy]

23. Minnesota has a similar law.

I had to learn it forwards, backwards and inside out when a case of delayed discovery came before him as a civil action.

[Jefferson23]

24. That is interesting. I am not sure how an adult victim who also has a diagnosis that would

categorize them with diminished capacity would be protected. I would hope we
have a federal legal standard since with sex abuse victims it is not unusual for
many years to go by before they are able to process what happened to them. The statute
of limitations should not be limited for this population merely due to their adult status at the
time they were abused.

[hifiguy]

25. The case we had was a doozy.

Woman was not disabled in any way and, years after the event, when she was an adult, told her sister that a minister had molested her. That statement started the delayed-discovery statute of limitations running, She "knew or should have known" she had a cause of action at that point, Ten years after telling her sister she filed suit, after the SoL for delayed discovery had run. My boss and I agreed that the case had to be thrown out, and the Court of Appeals upheld the judgment. Rule - don't sit on your claim, talk to a lawyer right away.

[Jefferson23]

28. Wow, that is problematic. It's sad to hear of so many victims. n/t

[Xithras]

19. As with any other crime, to protect the rights of the accused.

Our legal system was designed to protect the accused, which is as it should be. The idea behind ANY crime having a statute of limitations is simply that, after a period of time, it becomes more difficult to defend yourself against an accusation. Where, at one point, a defendant may have been able to produce evidence to refute an accusation, after a time it simply becomes a matter of taking one persons word over another. In nations without statutes of limitations, it often results in innocent people being locked up for crimes they didn't commit.

Secondarily to that is the fact that the purpose of criminal prosecution isn't revenge, but the protection of society and (hopefully) the rehabilitation of the criminal. The thinking is that, if someone commits a crime and then doesn't commit another for decades, that person is probably no longer a threat to society and does not require rehabilitation.

[Siwsan]

20. It's a logical explanation but still

Long term predators just get better at covering their tracks. It would be a pity if irrefutable evidence of an earlier crime came to light, all for naught. I don't think there are many sexual predators who just suddenly decide to stop.

[Evergreen Emerald]

26. A number of jurisdictions are attempting to change it

it has changed in WA state...and in some states there is no statute of limitations for certain sexual assaults--just like murder.

[madamesilverspurs]

30. The best answer

probably resides with those who wrote/write the statutes. For example, consider the blatantly cavalier approach to rape exhibited by the right wing in our legislatures; if the victim is only a woman and therefore unworthy of being taken seriously, how much less would a child be regarded? And it certainly raises the question of a possible "birds of a feather" mentality.

[99Forever]

31. Like a whole bunch of other shitty things...

... because it's the law. You can thank whatever governmental legislature that writes the law for whatever locality, state, or country. You can also thank the chief executive of each that signed them into law and add in the judiciary that found them constitutional.

I think the solution is fairly obvious.