We Need To Change The Sexual Abuse Statute Of Limitations

By Michael Helfand
Chicago's Real Law Blog
May 4, 2016

http://www.chicagonow.com/chicagos-real-law-blog/2016/05/we-need-to-change-the-sexual-abuse-statute-of-limitations/

Dennis Hastert is rightfully going to jail for 15 months (although he'll only serve a little more than a year) for lying to the FBI.  The fact that he tried to frame someone who he molested a long time ago played no small part in his sentence which was more than double what the prosecutors were asking for.

It appears he sexually abused at least four of his minor students when he was a wrestling coach. It's unfortunate that they can't sue the school because reports are that Hastert would sit in a chair and watch the boys shower.  We had a similar teacher at my high school who everyone knew was molesting kids or at the least acting creepy with him.  Sadly after I graduated it was confirmed that he did in fact abuse kids and he abruptly resigned.  This guy was grabbing the crotches of kids as part of "basketball drills" in plain sight of other coaches who did nothing to stop him.

Hastert didn't end up with a longer jail sentence because the worst crime he's committed in his life, sexual abuse of a minor, can no longer be prosecuted.  It's one of the many felonies that has a time limit for bringing charges.  The only one that doesn't that I'm aware of is murder.

So because he was a big deal in his town and at his school and because the boys he abused didn't have the support, ability or courage to report him to press charges within the three year time limit (and I don't blame him one bit), Hastert was able to lead the life of the world's biggest hypocrite.

There should be no time limit for any sexual abuse case involving a minor.  Victims are at such a disadvantage in these cases for so many reasons including their age, knowledge of what to do and the embarrassment of having what happened to them revealed.  When it's a popular figure that abuses you, the difficulty is worse.

For some victims, their brains literally block the memory of what happened to them and it only gets rediscovered in therapy. Others hit rock bottom in life (as appears to have happened with one of Hastert's victims) before they can tell anyone.

Defendants are presumed innocent until proven guilty and no matter how serious the charge is against them, they must be proven guilty beyond a reasonable doubt.  Being charged with crimes like these years after the fact does nothing to increase the chances they will be convicted.  What it does do is hold true monsters accountable.  It may also save others.  Hastert isn't going to be hired to run a day care any time soon, but plenty of other molesters remain around children because of a technicality.  That is shameful.

It's too late for Dennis Hastert to face the charges he deserved.  It's not too late though to change the law and make it so future victims of abuse don't have to rush to the police if they ever want justice. And if you disagree and are pro child molester rights, please let me know why.