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Spokane, Washington  Est. May 19, 1883

Opinion

Abolish sex-offense statutes of limitation

Don Brockett Special to The Spokesman-Review

As the election season approaches, some questions need to be asked of those who want to represent you in the Washington Legislature. For those running for re-election: What did you do in your last term to eliminate the criminal statutes of limitation for sex offenses committed against children? For new candidates: What will you do to accomplish this change in the law?

Last year, in an editorial pointing out there is no statute of limitations in homicide, The Spokesman-Review stated, “Children who are sexually victimized by predatory adults shouldn’t be denied the same level of justice merely because they didn’t die.”

Why would our state legislators not pass the law eliminating the statutes of limitation for the sexual abuse of children when several states have no such limitations and Congress eliminated them for federal crimes in 2003? Ask the candidates to provide you with an answer.

We need to make a statement of public policy through our elected representatives: If you sexually molest our children you will look over your shoulder for the rest of your life; when the victim is able to recover from the harm done, he or she will identify you, seek prosecution and you will be a registered sex offender.

Here are some of the arguments against elimination and the responses:

“ It is not fair because at some point the responsibility should end, and a time limit does that by freeing a person from some charges that cannot be defended against by dimming memory or lost witnesses. In the case of child abuse, however, the memory never dims for the victim or the molester, unless he has molested so many children he cannot remember them all individually. Witnesses are not involved because the crime occurs in secrecy.

“ It would be too difficult to investigate and prosecute old cases. We don’t for that reason have a statute of limitations in homicide cases. We think enough of murder victims to seek justice forever but don’t think enough of children to do so? Are not the souls of those children murdered by the sexual abuse thereby affecting them for the rest of their lives? Haven’t we allowed the molesters to interfere with the sexual development of our children and given them a way to avoid responsibility?

“ It would cost too much because we would have too many cases to deal with and too little resources. Aren’t the children worth providing additional resources, if needed? We provide resources now because of the resulting harm to the victims, their lack of ability to trust anyone, their drug and alcohol problems, mental problems and the fact some of them become child molesters themselves. Aren’t those costs much greater to society? Are you aware of all the resources provided to molesters?

“ If the law should be changed it should be limited to “serious offenses” like the rape of a child and not extend to “mere touching.” Those terms are used to determine the length of the sentence to be imposed after a conviction, not to indicate the effect of the conduct on the victim. The barrier has been broken by the molester when the “mere touching” occurs; it is the purpose of the grooming used by the molester and is a crime. If the molester can accomplish more, such as rape, sodomy, violence, photographing to distribute to other molesters or publishing on the Internet, then the molester has been even more successful.

“ It would re-victimize the victims by having them go through the criminal justice process a long time after the molestation occurred. Shouldn’t that be the choice of the victim? Since when do we get to decide for them? Are they still to be treated like children, the same as when they were not believed or were too afraid to tell, thinking they were somehow guilty of causing the abuse? Is it right to revictimize them by closing the courthouse doors when they are ready to come forward?

Ask those seeking to represent you in Olympia whether they will continue to protect child molesters by refusing to change the law or will pledge to protect the children in every way possible by changing the law.

To paraphrase, all it takes for evil to prevail is for good men and women do nothing. Remember, a decision by you to do nothing is a decision.