Throw out the Statute of limitations for sexual offenses committed against children!

Throw out the Statute of limitations for sexual offenses committed against children!
M

Mark C

Registrant
I have read countless stories and posts of sexual offenders who have abused many children, not just one or two. It is understood by the professional commmunity that most children who were victimized will remain silent about their victimization for many years. There is not a statute of limitations for capitol offenses, so why should there be any limitations on sexual offenses committed against minors. I feel that sexual abuse is similar to murder of the soul. I have heard some law enforecement people say that these cases are very hard to prove, it will only tie up the courts...don't victims deserve the opportunity to hold their abusers accountable? Years of silence, shame and guilt are part of the after affects of this crime and why so many offenders get away with this for so long. THIS MUST STOP!

I have been told that in Canada there is no longer any statute of limitations for crimes of sexual victimization...can anyone confirm this? Well it should be the case, and that goes for the U.S. as well.

I was badly abused for several years by a member of the clergy (my younger brother as well) and after speaking to not 1 but 3 bishops and several other priests this man was returned to active ministry as a chaplain in a hospital after 10 months of "therapy". He refuses to apologize or even admit he has done wrong. Doesn't sound like he is better to me.

I too remained silent for many years, I too am very afraid there are many other victims...yet he is free and I can't hold him accountable for his actions because the statute of limitations has long expired. Victims have a right to hold their abusers accountable...let a jury decide the evidence. If you believe I am correct then please don't hesitate to write your local legislature...or better yet write your congressman and tell them to make it a FEDERAL MANDATE for ALL STATES....I am sure you can find websites with your congresspersons or state officials e-mail...tell them..REMOVE THE STATUTE OF LIMITATIONS for crimes of sexual victimization of children! Of course, this is my opinion and I welcome your thoughts on this matter...Mark :cool:

[ 05-12-2001: Message edited by: Mark C ]
 
Mark - I will be in the spot light soon. I saw your post the day you wrote it and began to think "when this whole thing comes out, it would really be nice to have something intelligent to say" :D I then printed out a copy of your post.

I am not at all concerned with clogging up the court system, but there are other issues of jusisprudence and constitutional law that do concern me. I have sent an e-mail to the University of Montreal Law School to see if in fact there is no (or extended) statue of limitations for the sexual abuse of children. The issues I have are not monumental but I would like to know how they delt with them (or if they are even a issue under Canadian law).

As soon as I can start thinking clearly again, I will look deeper into the possibility of changing the law. I do have access to a few "good politicians" (I don't mean to confuse anyone. I know you don't often see those two words in the same sentence).

I look forward to discussing this further with you. I have read all your posts and I would be interested in hearing some of your experiences with the legislative process. You can e-mail me at [email protected]
 
Mark, I too agree. The down side is that I think the state of limitations varries state st state.To keep it simple there should be NO limitations I know of 2 cases - 1 in MA where a priest abused boys for over 40 years and finally was put in prison. Here in TN that was a case last summer of a ex priest who abusd boys,then sent away for "thinking",then abused boys again. Was sent out of the priesthood,then worked for the city and the HEALTH dept. and abused boys there, but was finally convicted and sent to prison.then somebody that worked for the POLICE dept was found to be abusing boys and he is in jail awaiting trial. so yes there shood be reform in ALL states.as I have said elsewhere on these pages,the American public is finaly beginnig to accept that male rape does happen and maybe somebody on the Board of NOMSV could draft a proposal to send to Congress. I'll tell the board about my reply here. bos aka Michael
 
The staute of limitations are the laws set in each state which determine how long after a crime has been committed that the victim or state can pursue crimminal justice. In most states it is about three years. How many of you, as victims spoke of, or dealt with you victimization in any way shape or form, within three years? I bet it wasn't very many. This is why pedophiles get away with abusing so many different children, for so long. When will we put laws in place which will STOP THESE PREDATORS from reeking damage upon children?


Thank you Brian and Michael for your responses and support. Yes Michael the statute of limitations does vary state by state. Yes, it should absolutely be one uniform code in cases of sexual abuse against a minor. I will say it again. These predators are well aware that the children they are abusing will most likely not speak out. They are extremely good at manipulation and very covertly, convince the victim that they in some way, invited, wanted, liked, or participated in, their own victimization. I believed this for many years myself. It simply isn't true!

Secrececy is the glue which keeps sexual abuse firmly in place...I believe Mike Lew said something to that affect and he couldn't be more correct.

I have said it before and I will say it again. The staute of limitations in all states for crimes of sexual abuse against a minor must be eliminated. Just as there isn't a statute of limitations for any case of murder....Mark
 
I've said it before and i'll say it again, democracy just doesn't work. Actually, it's a simpsons quote, but i love it.

Anyways, if you really want to change something in government, you have to be ruthless and resourcefull. bleed as much power and backing as you can from wherever you can, and since whoever would oppose this bill is a scumbag, fight dirty. How much time you have to devote to this is probably how you should decide to support this effort. I'm sure there are plenty of lobbies and orginizations that would be happy to help, and one may allready exist specificly for this purpose. If not, somebody needs to create one. I don't know how reasonable it is to expect that individually anybody has the free time to do this, but together we could use this site to provide many voulanteers. It takes a while but i don't think it's too difficult to orginize a charity. You'd need someone with experiance in managing accounts, someone with legal and political expriance of some sort, and someone with orginizational skills. If we can't find anybody here, we could advertise, use the newspapers, or by door by door with flyers if we had to. I think they could deduct thier time working for a charity from thier taxes, so that wouldn't be too hard. With all the stupid ass charities floating around, i don't think it would be too hard to get funding or support. And on top of that, you've got public outrage on yourside. Just force them to think, what if it were my kid who was molested by somebody who should have been behind bars. Even if you got a few people to contribute a few hours a day of thier time, you could make quite an impact, and you could only grow larger. Hey, if your job sucks, if a charity gets big enough, it can hire staff, and you can set your own salary! I would advise anyone whos doing this sort of thing to put a cap on executive salaries and the charities non-essential functions that don't relate too closely with trying to change the statute of limitations on child abuse. It may seem a little backwards, but if you can't get a federal verdict then you could go for state, especially states with high reports for child molestation. Get enough states, and you could get a federal decision maybe. I'm not certain how it works, but i think this is a good startin point don't you think?
 
Broken and Harry...Thank you for your reply....I agree it takes more than one person...I am not sure that we would have to start an organization but 1 idea I have had is to create a web site and ask friends and family to e-mail the address to other friends and family members. It would have a link to the e-mail addresses of the state and local legislatures. Then people who care about this issue and would like to make a difference could simply e-mail these politicians demanding change in this law. I think if enough people were to respond, they would at least begin to look at this issue. It is a no brainer. Last night as I watched America's Most Wanted hosted by John Walsh I was thinking perhaps I will write to him and see if he in some manner would like to lend us some support as he could easily create some public awareness of this issue. He himself had a child who was abducted and murdered. I don't know if his son was sexually abused as well. But he does seem to be very supportive of victims...and in fact last nite the show had several stories on children, now adults, who were sexually abused as by family members, and the pursuit to bring these molesters to justice.

This has been and will be the focus of much of my free time.

I am currently fighting another legislative battle here in New Jersey. Here all non-profits have total immunity from civil litigation if the complaintant is a member of that organization.

It is called the "Charitable Immunity Act" It states that any member of the organization cannot bring action against the organization because they were deriving a benifit from it. In other words, if I were not Catholic, I then could have held the Church responsable for their inaction!

This initially may not seem like a bad idea, protecting non-profits, but here is the affect...as a child I was sexually, physically and emotionally abused for several years by a catholic priest. This in itself may not have been the Churchs fault. But when I went to them some 18 years ago and told a local bishop and several other clergy members, what this man was doing to me, and my younger brother, they covered up this mans offenses. Even when they had an obligation to report him to the authorities and did not! Then they simply allowed him to continue ministering in my parish where the abuse continued. This pedophile was then appointed the Archbishop's personal secretary. After several years in this position he was then appointed a pastor in a local parish. This is a clear example how the Church has no reason to act in a prudent manner, simply because they are protected by the law. As a child was I note the victim of a felony crime? Because I was a Catholic should I have less rights than a child who was not? Why should the Church be ABOVE THE LAW? I still practice my faith and I know that the Catholic Church can and does much good....but in these matters, they would rather stick there head in the mud and pretend these things don't happen.

They will not change until our society begins to hold them accountable. This doesn't just apply to Catholics, in the past several weeks there have been allegations of incidents of sexual abuse by clergy members of other faiths. They too excersize this protection in New Jersey

The Republican Senator from New Jersey (Atlantic City area) State Senator Gormley, is not allowing my amendment (bill S-965, supported and introduced by a republican and democratic senator)to proceed to the judiciary committee for a hearing, so it can then go on to a vote. If anyone out there is from New Jersey and willing to help with this one please reply.

Anyhow, back to what we were discussing...the statute of limitations...If there hadn't been a statute of limitations on sexual offenses here in New Jersey, this individual would not be ministering to the public....in fact, my abuser was placed back into ministry as a hospital chaplain. Don't you think he still has access to children? In fact, he probably would have done time in jail and would be mandated at getting proper help. After abusing me, he moved on to my younger brother...do you not suppose there are other victims? Yet this man...in this life...will never be held accountable!

WE MUST STOP EVEN THE POSSABILITY OF FURTHER VICTIMIZATION FROM THOSE WHO SOCIETY KNOWS HAVE BEEN PREDATORS OF OUR CHILDREN! YOU CAN MAKE A DIFFERENCE...GET THE WORD OUT!

Thanks, for listening...Mark :eek:
 
Law Situation in the Netherlands since 1994:

because victims of SA can be in situation of depending upon perpetrator, victims can report to the police within 12 years after becoming 18 of age.
Civil lawsuit can be done within 5 years after the "amount" of damage is clear. That means for civil lawsuit limitations give more time.

The limit of reporting to police until 30th is defended with the argument, that the longer ago, the harder the proof.

Of course politicians all over the world should be persuaded setting and voting for an acceptable yearlimit.
Furthermore i think there should be made possibilities for when the yearlimit is passed: victims should be able to report. The report could be used in a central police register and as supportive proof for later victims.

I think a survey could be usefull researching cases that have passed the yearlimit. How high is the chance, that cases of SA get discovered monitoring perpetrators of "passed" cases of SA?
We are reported of monitoring 1 "old" perp on this board already aren't we?

Good luck in communicating with advocating organizations, politicians and others who can help realizing change in policy and law!

PS don't forget to enjoy life in the meantime. (I should take this advice myself.)
 
This sounds like a fairly complicated legal issue!

On 1 hand, I agree with the idea that the statute of limiatations in the case of child sexual abuse severly diminishes the likelihood that the perp will ever be brought to trial.

And, I agree that child sexual abuse should be viewed on the same level as a capital crime.

Case in point, why is it that the perpatrator of one of the most notorius crimes of the century (The Great Train Robbery) should be on the lam for 35 years, and then go back to England to be tried for the deed, yet our abusers get the satisfaction of knowing that they are immune from prosecution?

Aren't there any lawyers out there that can help?

What has been done to us knows no social/economic boundaries. Certainly there is a lawyer in the house!

:D
 
Mark C,

A list of all the states and their Statue of Limitaions can be found at the National Clearinghouse on Child Abuse and Neglect Information website www.calib.com/nccanch/
Go to State Statues, then go to #27 "Special Statue of Limitations for Offenses Against Children".

Brian
 
anyone know what the statute of limitations is in California? is it 3 years? just wondering. i'm about to start therapy but dont want to get my abuser in any trouble. its my sister, and i love her. she did a bad thing, but it was a long time ago, and even though it's fucked me up royally, she's a good person and i dont want anything to happen.
 
Harry,

I am not sure what it is currently, when i reported my abuse they told me it was up until the kid is 18 or 1 year from the date of discovery (remembering).

I hope that helps some.

John
 
Harry,

Nothing will happen to your sister (criminal or civil charges) unless you want it to. The DA's office will not know about what happened to you, and even if they do, they will not be able to prosecute her unless you request it and cooperate with them.

Brian
 
You must log in or register to reply here.
Back
Top