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Eye On Olympia

Posts tagged: sex

After years of trying, advocates pass law extending statute of limitations in child sex crimes…

(This admittedly falls into the category of better-late-than-never news, but I suspect that proponents would say the same thing of the bill itself.)

Gov. Chris Gregoire has signed into law a bill — closely watched in Spokane — to extend the statute of limitations for some sex crimes against children. Instead of having to prosecute things like first-degree rape of a child under 14 by the time the victim turns 21 or 24, for example, law enforcement could go after the perpetrator up until the time that same victim turns 28.

For years, former local prosecutor Don Brockett has been beating the drum for complete elimination of the statute of limitations in major child sex crimes. Some things, the reasoning goes, are so horrific and life-changing that the offender should spent the rest of his life looking over his shoulder, worried about a police knock on the door.

Local lawmakers, including state Sen. Chris Marr and former state Rep. John Ahern, tried to make that change in recent years, only to run into resistance from lawmakers and some victims advocates and prosecutors. It does no good, opponents argued, to wrongly give victims false hope of prosecuting a case decades after the fact, as documents are lost and memories fade. And defense attorneys argued that it would be extremely difficult to defend an innocent person in such cases.

“Who could imagine that protecting today’s kids from pedophiles by giving yesterday’s victims a chance to grow up and realize the harm and speak up would be controversial? But it was,” Spokane attorney Beth Bollinger wrote on her blog tracking progress of the bill all session.

Brockett (whom I couldn’t immediately reach) is clearly happy with the change, which makes it harder for rapists and molesters to run out the clock and avoid prosecution. But Brockett has long advocated no statute of limitations at all for a wide array of sex crimes involving children.

“You can be sure their molesters are keeping track of that time, knowing they will be able to continue to molest more children with the assurance they will not have the responsibility for their crimes and will not be recognized in the communities in which they live,” Brockett wrote today.

In February, Bollinger went to Olympia to testify on behalf of the change. Abuse victims feel shame and isolation, she and other advocates told the Senate Judiciary Committee, and even 28 is a pretty early age for someone to step forward and reveal past abuse.

After some starts and stops, the bill passed both houses unanimously and was signed into law last week by Gov. Gregoire. It takes effect July 26.

Bollinger wrote on her blog:

I ended up not going to the bill’s signing ceremony. Don didn’t go, and I just decided it would be a lot of driving for just a few minutes. It would have been fun but, in a way, it was unnecessary. The most important thing already had happened. The bill had become law.

More on the porn tax…

From an interview last night with Rep. Mark Miloscia, who’s proposed tacking on an extra 18.5 percent sales tax onto adult videos, cable shows, etc.

“Somebody brought this to me and I said `Wow. Well, why not?’” said Miloscia, D-Federal Way.

His bill is actually a nearly-verbatim copy of a 2004 proposal from Sen. Val Stevens: SB 6741. That bill never even got a hearing.

Unlike a lot of business taxes, Miloscia said he’s not worried about hurting the business climate for porn.

“My constituent, while they care about Microsoft or Boeing, I don’t think the adult entertainment industry is an industry that my constituents would worry about going out of state,” he said. He also said that in a decade in the statehouse, this is the first tax bill he’s ever prime-sponsored.

He gives his own bill “low odds” of passing.

“Tax increases tend to be the issue that people do not support,” he said. To improve its odds, he’s willing to have a statewide vote on the proposal. He said he’s confident that voters would approve.

But even if it passed, one big loophole would remain: Internet pornography.

“The Internet is really tough to tax,” said Miloscia. “The Internet is wild west.”

He spent much of Tuesday fielding calls from reporters about the proposal.

“I didn’t think it was going to get as much attention as it has,” he said.

Not illegal for a teacher to have sex with a student? Lawmakers in full “there oughta be a law” mode…

Lawmakers, unhappy with a recent court ruling saying that it’s not illegal for a teacher to have sex with a student, so long as the student’s 18, are trying to now make it illegal.

The recent court ruling “opens the door for this being open season on our 18-year-old students,” said Rep. Larry Haler, R-Richland.

At a hearing at the state capitol Wednesday, a spokesman for the state association of criminal defense lawyers argued against criminalizing sex with 18-year-olds, even if they’re students. It’s like “taking the proverbial sledgehammer to a fly,” he said.

“For the 18- or 19-year-olds, at some point in life, we have to say you’re old enough to make your own choices,” said Wade Samuelson.

Click here to read the print story.


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Richard Roesler covers Washington state news from The Spokesman-Review's bureau in Olympia.

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