PENNSYLVANIA
The Morning Call
Daniel M. Filler, professor at Drexel University law school, Philadelphia.
Q: What are the ramifications if the statute of limitations were eliminated in child sex-abuse cases in criminal proceedings?
A: The whole problem with the issue is that child sexual abuse is a hair-trigger issue in our society, and that fact has led to some real miscarriages of justice. That doesn’t mean that there really aren’t ugly things that happened to people who wait to report. Increasing or eliminating the statute of limitations might lead to more justice, but it also might increase more injustice. The question is how much injustice are we willing to tolerate to get more justice.
Q: What do you mean by more injustice?
A: These kinds of cases make people particularly anxious. I think when it comes to these cases, the worry is that, on one hand, memories are sometimes repressed. But it is also true that a person can be nudged toward remembering things that might not have occurred. Given that, people feel a statute of limitations is needed. It’s the only way a defendant has a chance to disprove such allegations. It’s impossible to find an alibi so long after the event is said to have occurred. The older the memories are, the fear is that it’s more brittle and more likely a person is to create mis-remembrances.
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