The statute of limitations in molestation/sexual abuse/rape cases

[LSN80]

http://news.blogs.cnn.com/2012/11/0...ges-against-ex-coach-fine-feds-say/?hpt=hp_t3

While the situaton specific is in regards to a former Syracuse men's basketball coach accused of molesting two ball boys, the larger issue revolves around the statute of limitations in rape cases. Although some states have no statutes, such as Connecticut, most states, including New York, California, and Colorado have a statute of limitations for prosecution of seven years.

In the case of Bernie Fine, A New York District Attorney has found that while accusations of abuse are "credible", the alledged abuse took place in 2002, which exceeds the statute of limitations. While Fine lost his job, and his name is undoubtably shamed, former Syracuse ball boys Mike Fine and Bobby Davis and Mike Lang won't get the chance to face their alledged abuser, at least on a state level. Because the alledged abuse of both boys last occured in 2002, the seven year statute has expired, leaving Fine free, and the boys left with an "apology" from the New York District Attorney.

Statutes of limitations were put in place by governing bodies for several reasons. They include the idea that crime scenes change, evidence can be corrupted or corrode, memories fade, and "lesser crimes" are "best left alone" so attention isn't detracted from more serious crimes. In the case of murder, there is no statute of limitatons, because the crime is considered to be "exceptionally heinous." But in cases of rape and sexual molestation, while varying from state to state and from state to federal, the general timeline for prosecution is seven years from the date of the alledged event.

It's hard for me to compare rape to murder. The families of murder victims are left with the irreparable damage of having their loved ones taken from them, never to be seen again. But in the case of rape, the victim themself is left with the damage of the molestation, and the knowledge that their molester is able to walk free, and possibly molest again. While in the case of Bernie Fine, his reputation is ruined and he'll likely never coach again, but if he is guilty, he's able to walk free, with no legal repurcussions for his actions. Does anyone else have a problem with this?

Should there be statutes of limitations for rape/sexual molestation cases? Or should they be able to remain open in the way murder cases are?

Any other thoughts or discussion on this topic are, as always, open and welcome.

 

[Mustang Sally]

It's hard for me to compare rape to murder.

Understandable, but the similarity is that both are violent crimes and if "irreparable damage" is being caused to victims and/or families, the alleged perpetrator should suffer the consequences for his actions, even if it took over 7 years for the victim to come forward.

Still, I have to admit I'm uncomfortable with the notion of a 42-year-old-person waking up one morning and suddenly remembering he/she was sexually molested when they were 7. Yes, if it really happened, the crime should be prosecuted but I'm uneasy that the passing years may have dulled the memories of what actually occurred back then. Plus, those cases would have to awfully hard to prosecute, no?

But if there's no Statute of Limitations for murder, there shouldn't be for rape, either.

 

[ABMorales787]

I'm guessing the state of mind when this Statute of Limitations was made was that "you can't fix a dead guy but you can fix a molested one". Harshly and sadly I'll say it's true. Rape and molestation are indeed very very heinous crimes, but on scale with murder, murder will come first. Given the state society is in, I can see that there are so many crimes that they have to scale which ones they pay attention to.

However the fact that it took 10 years to get the case going may say more about the people working the system than how the actual system works.

 

[HBK-aholic]

While I agree murder will and should come first, this isn't a competition where there's a list of things and only #1 can be prosecuted after 7 years. Both crimes are awful and unforgiveable and it is entirely possible that it could take someone 7 years to come forward - especially if the abuse is on a young child who feels they are unable or unwilling to come forward whilst they are young and still living at home, if it occurred at home. Sometimes crimes such as rape take a long time to find the courage to come forward about, for many reasons - it doesn't necessarily mean that the allegation is untrue or that, after 7 years the abuser can breathe a sigh of relief that they've gotten away with their crime. I don't see how that's fair.

Also, the fact it has taken someone so long to come forward is going to be scrutinised in court and will likely go against them anyway - what point is there to not having it heard out if there looks to be a possiblity that the allegation is true?

 

[Jack-Hammer]

As has been pointed out, a lot of these statutes came about during a time in which opinions regarding rape simply weren't as severe as they are now. Less than 30 years ago, for instance, there was no law saying that a man couldn't rape his own wife. As far as the law was concerned, a man couldn't rape his wife as marriage itself constituted consent. There actually used to be such a thing unofficially referred to as the "boys will be boys" defense when it comes to sexual assault cases not all that long ago.

As someone that's close friends with a rape victim, I'd love nothing better than for rape to be considered every bit as heinous as murder. I've seen up close & personal what type of damage it does and, in some ways, a lot of rape victims consider rape to be even worse. With murder, it's over and done with. It's terrible and it's heartbreaking for family & friends. With rape, it's every bit as heartbreaking for family & friends but the victim themselves must also deal with the traumatic aftermath. My friend was raped on New Year's Eve 2001 and the man who raped her did considerable damage to her. She has PTSD and still suffers flashbacks & horrible dreams sometimes. The frequency of the flashbacks & dreams increases during these colder months as we're coming closer to the New Year. She also suffered kidney damage that forces her to undergo dialysis a couple of times a month, which will probably become more often as she gets older. Fortunately, they caught the guy who raped her. He came from a prominent family of the area and simply believed that she wouldn't go to the police. He wound up killing himself in prison after being sentenced to 15 years. He was originally only scheduled to serve 7 years due to a plea deal. However, when he was in jail waiting transfer to prison, he actually called & left threatening messages on her answering machine. These were played for the judge and he was so disgusted that he rejected the plea bargain and told the defendant that he wouldn't accept less than 15 years, or he could take his chances with the jury and possibly get up to 25 years.

I see rape being every bit as awful as murder. There are rapists housed in the facility where I work. Some of them seem to be genuinely remorseful for what happened, others have said that they'd do it all over again. It can be extremely difficult to resist the urge to take a baton to the head of prisoners like that.

 

[One to Remember]

As has been pointed out, a lot of these statutes came about during a time in which opinions regarding rape simply weren't as severe as they are now. Less than 30 years ago, for instance, there was no law saying that a man couldn't rape his own wife. As far as the law was concerned, a man couldn't rape his wife as marriage itself constituted consent. There actually used to be such a thing unofficially referred to as the "boys will be boys" defense when it comes to sexual assault cases not all that long ago.

You say "statutes" like the "statute of limitations" is a law its self. It sets parameters for enforcement, the law is not the S.O.L. the law is partially regulated by the S.O.L. and there are time limits on the majority of crimes including maiming and failed murders which might be worse then rape. The system can't do the work in full for the plaintiff, details cant get fuzzy, and credibility is a must in he said she said. You also dont give the state a means to collect good evidence creating situations were the victim essentially has to gather a parade of other vics to bolster them up just to make a D.A. feel at ease. I'm not prepared to see civil court standards in a criminal court setting where people get sentences ranging from 10 days to the electric chair. Get real yo..

I see rape being every bit as awful as murder. There are rapists housed in the facility where I work. Some of them seem to be genuinely remorseful for what happened, others have said that they'd do it all over again. It can be extremely difficult to resist the urge to take a baton to the head of prisoners like that.

Do your job if you want to be addressed as officer, be a vigilanty if you want to be addressed as pig.. Oh I get it you bop them with a night stick then we start chanting "steve, steve, steve!"