AG & Ri State Police Find Statute of Limitations Expired on St. George’s Criminal Case
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The Rhode Island State Police and the Rhode Island Department of the Attorney General have determined that there is no prosecutable criminal conduct and have closed the St. George's School Investigation. The Investigation Starting in November 2015, the Rhode Island State Police conducted an extensive investigation into all allegations it received, some of which dated back to as early as 1970. The investigation focused on allegation of sexual assault and sexual misconduct by 7 former faculty members, one current employee and 3 former students at the school. The investigation also looked at allegations that the current and prior school administrations did not properly report instances of alleged assault to the Rhode Island Department of Children Youth and Families (DCYF). Rhode Island State Police as well as the Rhode Island Attorney General's Office interviewed approximately 40 witnesses, including alleged victims of sexual assault. The State Police and Attorney General's Office were also in contact with attorneys representing former students and reported victims of the incidents. After each allegation that was brought forward was investigated, the Rhode Island State Police and the Rhode Island Attorney General's Office reviewed the allegations, evidence and applicable statutes and determined that the State cannot proceed with criminal charges at this time. The determination was based on existing Rhode Island General Laws, along with the laws which defined the alleged conduct at the time it happened. Schools Failure to Report Incidents The investigation was also built around allegations of failure by the school administration to report the abuse or neglect to DCYF. In 1979, the legislature provided for misdemeanor penalties for those who failed to report abuse or neglect. Then in 1984, the legislature expanded the definition of abuse and neglect to include sexual assault. However, these allegations of failure to report could not be charged due to that fact that in some cases the alleged failure to report was not defined as a criminal offense until 1979, and in other instances, the prosecution of any allegations would be time barred by the three year statute of limitations that existed for the specific crime. Differences in Laws The laws on sexual assault are different today then they were at the time of the incidents. For example, the statutes defining first degree sexual assault were not enacted until 1979, and common law rape required the sexual assault to take place between man and woman.
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