Eliminating Statute of Limitations

TDN
March 16, 2017

http://tdn.com/news/opinion/eliminating-statute-of-limitations/article_aaa0372d-730a-53aa-8c0f-09a191a4d8ed.html

A Washington state legislator is using his life experience with sex abuse to sponsor a bill that would eliminate the statute of limitations for certain felony sex crimes, including molestation and child rape. House Bill 1155 was introduced in January 2017 and, if passed into law, would allow the offender to be prosecuted at any time after commission of the crime.

We think this bill should be passed into law.

It’s all too often we read about victims of sex abuse and their journey to gain closure. What about the victims that choose to remain silent for years, how do they find closure?

Being the victim of sexual assault is traumatizing enough, but unfortunately for some it can take years to gain the courage to report the crime. This means sometimes the offender may go free.

Currently, the statute of limitations in Washington state for first- or second-degree rape expires after 10 years, if reported to law enforcement. If the incident is not reported, the statute is reduced down to just 3 years. In the case of a child, a crime may be prosecuted up to 3 years after the victim turns 18 years old, or up to 10 years after the offense, if reported.

Several other sexual-related felonies — including certain degrees of molestation, voyeurism and indecent liberties — have a 3-year statute of limitations. The 3-year limitation seems to be a common time frame for many felony sex crimes, and for some people this just isn’t enough time. As a result, some believe the current statutes keep victims from reporting an incident.

RAINN, (Rape, abuse and incest national network) the nation’s largest anti-sexual violence organization, reports that every 98 seconds someone is sexually assaulted and every 8 minutes the victim is a child. Unfortunately, only six of every 1,000 rapists end up in prison for their crimes. What’s more shocking is that two out of three sex crimes go unreported altogether.

There are many reasons victims choose to not report a crime. Some keep the secret out of fear of “reliving the incident” or believe law enforcement may not help. According to RAINN, at least 23 percent of victims believed the police wouldn’t be of any assistance toward capturing the perpetrator. These statistics are very concerning. You cannot help but wonder how this bill will affect the future.

If the statute of limitations was eliminated, would more crimes be reported, therefore potentially capturing would-be repeat offenders? We think so.

For years, lawmakers across the nation have been debating whether to eliminate the statute of limitations on sex crimes, but some think the existing laws are fine as is.

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Just a few years ago, a professor at Temple University’s Beasley School of Law was quoted saying “it’s really a matter of fairness. If there’s going to be a prosecution or a lawsuit, it should happen promptly after the event so the person has a fair opportunity to put together a defense. The evidence may be stale, memories may have faded.”

Everyone deserves the right to a fair trial, but don’t the victims deserve closure? What if the crime was reported to law enforcement and the offender evaded capture?

Many of us know of someone that’s been affected by a sexual-related crime. The statistics are certainly disheartening. The good news is more states are jumping on board to abolish statutes of limitations for felony sex crimes. Roughly 17 states have moved forward with similar laws.

Just last year, California eliminated its statute of limitations for almost every type of sex crime. State Sen. Connie Leyva said, “the bill signaled to every victim that they matter and that, regardless of when they are ready to come forward, they will always have the opportunity to seek justice in a court of law. Rapists should never be able to evade legal consequences simply because an arbitrary time limit has expired.”

California’s bill is said to be partially inspired by the allegations against Bill Cosby. Several women have come forward claiming sexual assault, but the statute of limitations made it impossible to prosecute.

We believe this bill could certainly change lives. It would give hope to victims that want to see their perpetrator captured without watching the clock. House Bill 1155 has passed the House by a vote of 90-8. Now it’s off to the Senate for review.