Statute of Limitations for Child Sex Abuse

Marci Hamilton continues her support of removing the statute of limitations for child sex abuse cases in her new book Justice Denied: What America Must Do to Protect Its Children. Tim Lytton at Prawfsblawg explains Hamilton's argument:

Hamilton argues forcefully that statutes of limitation for child sexual abuse should be abolished. Such a move would serve, she suggests, four policy goals. First, it would place the interests of childhood sexual abuse survivors above the legal rights of offenders. Second, it would help to identify sexual predators. Third, it would facilitate the identification of other survivors of the same predator once a single survivor has come forward. Fourth, it would discourage insitutions from hiding sexual abuse. The abolition of statues of limitation in the context of clergy sexual abuse has been a hotly contested issue in state legislatures throughout the country. Hamilton's book is timely and a must read for those interested in this issue.

I think the first two arguments are suspect because they could easily apply to any crime (and would thus support eliminating statutes of limitations entirely). The third and fourth arguments are more closely tied to the nature of sex abuse cases. I want to read the book for myself because it seems to me that the fourth argument would tend to support continued application of statutes of limitations. If there were no limits, why would institutions like the Catholic Church be more forthcoming? Hamilton is a very interesting author, so I look forward to reading her important new work.

Comments

[George]

A better solution for everyone is a quick and speedy trial. It preserves memories and evidence for both the defense and the prosecution. That would mean teaching victims their human rights and encouraging them to exercise them quickly. Why sacrifice constitutional safeguards when victims, with the proper encouragement, could timely come forward instead? Indeed, giving potential victims this power may save their lives. Another 12-year-old girl was found dead today. Evidently abuse was ongoing but she didn't come forward and now she can't. Justice delayed is justice denied.

What a sad and terrible tragedy.

[Mark]

George, speedy trial has nothing to do with something that happened 30 years ago a victim is finally able to admit to being assaulted and wants to seek justice.

Though i seriously am concerned about lifting the statue of limitations on anything that is so one sided. When it comes to sexual assault cases that are 10 years or 20 years old there is often very little to no physical evidence to support the accusation. Its often the victim's word againest the accused. I've seen reports of victims coming out 20 years later and the only proof they have is identifying marks on the accused body that normally would never been seen if the accused was clothed. How many people can honestly say they never walked in on their sister/mother/father/Aunt/Uncle getting dressed and seen something that would make them blush?

Being accused of being a molester is basically a guilty verdict in many people's eyes. Now add that to having to defend yourself against something that may/may not have happened 30 years ago is almost impossible.

Unfortunately with sexual assault cases its a very complicated matter with a lot of variables why a person does not come forward. But the madness the mob has right now with retribution for every single instance of sexual assault ever commited is leading us down a slippery slope. It will be just a matter of time before the next hot issue requires us to give up more and more rights.