Capitol Fax.com - Your Illinois News Radar » AG Madigan wants GA to eliminate statute of limitations for felony criminal sexual assault and sexual abuse crimes against children
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
AG Madigan wants GA to eliminate statute of limitations for felony criminal sexual assault and sexual abuse crimes against children

Thursday, Apr 28, 2016 - Posted by Rich Miller

* In the wake of Dennis Hastert’s sentencing yesterday, this press release landed in my in-box…

Attorney General Lisa Madigan and the Illinois Coalition Against Sexual Assault (ICASA) [yesterday] called on Illinois lawmakers to eliminate the statute of limitations for felony criminal sexual assault and sexual abuse crimes against children.

Madigan and ICASA’s Executive Director Polly Poskin have long supported the removal of the current statute of limitations for sexual assault crimes against children. Illinois law should allow children who have been victims of sexual assault and abuse the time to come forward and report their crimes. Survivors of sexual assault crimes during their childhood should be afforded the time it takes to process their assault and come forward to report their crimes to authorities.

“Sexual assault continues to be pervasive in society, affecting far too many children and families across Illinois,” said Madigan. “When a prosecutor cannot indict an offender for these heinous acts because the statute of limitations has run, it raises serious moral, legal and ethical questions. We have long supported extending the time period for prosecutors to file sexual assault and abuse charges, and we urge the Legislature to eliminate the statute of limitations on all sex crimes involving children.”

“What is most important in these cases - the offense or the time that has passed?” Polly Poskin said. “If people understood the devastating and debilitating impact that sex crimes have on someone, then they would understand why it’s so hard to step forward, especially when the perpetrator is someone in a position of trust, like a teacher or coach. These victims need justice in order to heal – even decades after the
abuse.”

Your thoughts?

       

78 Comments
  1. - 47th Ward - Thursday, Apr 28, 16 @ 10:26 am:

    OK by me, but I’d expect some opposition from the Archdiocese.


  2. - crazybleedingheart - Thursday, Apr 28, 16 @ 10:27 am:

    http://www.chicagocac.org/gov-quinn-signs-law-to-remove-statute-of-limitations-for-child-sexual-abuse-ensuring-survivors-no-longer-run-out-of-time-to-seek-justice/


  3. - Anonymous - Thursday, Apr 28, 16 @ 10:27 am:

    Lisa Madigan for governor.


  4. - Del Clinkton - Thursday, Apr 28, 16 @ 10:29 am:

    While I support the idea, lets have a conversation about it before we enact something like this and make sure we get it right.


  5. - Precinct Captain - Thursday, Apr 28, 16 @ 10:33 am:

    re: crazybleedingheart

    “The bill removes the statute of limitations for child sex abuse that occurs on or after January 1, 2014. The legislation is not retroactive; survivors are subject to the law that was in place at the time of their abuse.”


  6. - northernwatersports - Thursday, Apr 28, 16 @ 10:34 am:

    Thanks to
    = crazybleedingheart - Thursday, Apr 28, 16 @ 10:27am =
    Seems that the Catholic church already has its protection in place by the limit of charges only applicapable when the abuse occurred after 2014.
    Did the other bill become Law? (Granting prosecution when the victim was under 18, regardless of time of the crime?)
    As far as advancing the cause….
    AG could moved to have legislation like this last year when revelations about Hastert were swirling.
    It would have been easy to support and probably adopted.
    In this case though….the horse is out so closing the barn door now doesn’t really help.


  7. - JT 11505 - Thursday, Apr 28, 16 @ 10:34 am:

    CBH, that law only applies to offenses that occurred after Jan. 1, 2014. What Lisa wants is to be able to go back before that date.


  8. - TominChicago - Thursday, Apr 28, 16 @ 10:36 am:

    My concern would be that it really impairs the ability of the accused to defend himself in court against the charges. How would one remember potential alibi witnesses etc.


  9. - carbaby - Thursday, Apr 28, 16 @ 10:37 am:

    crazybleedingheart - Thursday, Apr 28, 16 @ 10:27 am:

    That legislation was not retroactive and only covered offenses that occurred from Jan 1, 2014 on. I would imagine this would alter that legislation to be inclusive and retroactive.


  10. - JS Mill - Thursday, Apr 28, 16 @ 10:38 am:

    I don’t care how we get them, I just want them got.


  11. - WETHEPEOPLE - Thursday, Apr 28, 16 @ 10:39 am:

    I’m all for eliminating statute of limitations for all sexual abuse situations. This type of abuse and rapes can leave a person scared for life. if and when caught they may then realize the error of their ways.


  12. - Oswego Willy - Thursday, Apr 28, 16 @ 10:40 am:

    As long as they call it the “The Hastert Law”…


  13. - jim - Thursday, Apr 28, 16 @ 10:40 am:

    might be creating more problems than it would solve. I know it’s not popular to argue from the defense perspective in the current environment, but how does one defend oneself against an allegation from 20-40 years ago. I see a lot of room for abuse here.


  14. - IRLJ - Thursday, Apr 28, 16 @ 10:41 am:

    Political opportunism.
    Statutes of Limitations prevent wrongful convictions. Defending against a sex-crime allegation already is harder than defending against a Murder charge. This would only make it worse.


  15. - Ferris Wheel - Thursday, Apr 28, 16 @ 10:43 am:

    @Tom,

    Then that should apply to all crimes. Should someone accused of murder 30 years after the fact still be held accountable?

    But if we’re going to pick and choose, then I’d rather crimes with devastating effects, particularly those against children, have no SOL.


  16. - Choosing Anonymity - Thursday, Apr 28, 16 @ 10:43 am:

    Of course, most anyone would see this law as common sensical. And in light of the Speaker’s result, the impetus is understandable.

    HOWEVER, as a commentator made clear yesterday, how does one “defend” against a charge about something that happened 5 years ago? 10? 20? The accused has to have some likely ability to defend and participate in her/his defense.

    That said, perhaps there are ways to address the serial nature of certain predators, again, like the Speaker. Or, perhaps creating civil opportunities for legislation would allow for some redress.


  17. - Anonymous - Thursday, Apr 28, 16 @ 10:44 am:

    I knew of a teacher who was falsely accused. The experience was a nightmare. So, the only concern I have is if a child (or adult) decides to get back at their teacher (or other profession) because they want revenge. Then who becomes a victim??


  18. - Politically Incorrect - Thursday, Apr 28, 16 @ 10:44 am:

    Currently, Illinois law allows 10 years after the alleged victim turns 18 in order to file criminal charges. That is lots of time.
    In fairness, there must be some limit on time. Does an alleged victim get to wait until age 40+ and take no action at all and then expect the accused to be able to gather evidence for a defense?
    I approve the current provisions. The Limitations should never start running on a minor, but 10 years after that is plenty. Or make it 15 if that makes sense, but not just open ended for life.


  19. - Oswego Willy - Thursday, Apr 28, 16 @ 10:45 am:

    ===Should someone accused of murder 30 years after the fact still be held accountable?===

    Murder has no statue of limitation.

    Please, keep up.


  20. - Ron Burgundy - Thursday, Apr 28, 16 @ 10:45 am:

    In the abstract I think allowing prosecutions from so long ago is a good thing, but worry about the reliability of things like repressed memories, etc. Evidence becomes less clear over time. Take the McMartin case as a notorious example. That said, if concrete proof is available I don’t see why the passage of time should save such degenerates.


  21. - Jimmy H - Thursday, Apr 28, 16 @ 10:55 am:

    - Ron Burgundy - Thursday, Apr 28, 16 @ 10:45 am:

    +1


  22. - Name Withheld - Thursday, Apr 28, 16 @ 10:55 am:

    I have mixed feelings about this. I am in complete agreement with the notion of getting child molesters. Who wouldn’t be? The issue for me is the presumption of innocence until proven guilty. How can someone mount a defense after 30 years? 40 years?

    Denny Hastert was a clear situation in that it was clear he was paying hush money for these specific crimes. But that doesn’t mean that every person so accused after so much time is guilty.

    Equally prevalent in our desire to get those who break the law should be the desire to afford those accused the ability to mount a defense. Anyone who has been falsely, or worse - mistakenly, accused knows that you can’t prove a negative. You can’t prove you didn’t do something. That problem seems exponentially harder when you remove any statute of limitations.

    I don’t know what the right answer is. But if we still adhere to the principle of ‘innocent until proven guilty’ - then we have to be concerned with how much harder this would make it for an innocent person to mount a defense.

    this is not a defense of Hastert or any other proven child molester. I feel terrible for Scott Cross and anyone else impacted by the shame and horror of what they went through. No child, or even adult, should have to endure it. I just feel that in our desire to mete out justice to actual perpetrators of the crime, we may be making it harder for those who are innocent to defend themselves. It will take a far wiser man than I to parse the nuances of law and craft a solution.


  23. - Critic - Thursday, Apr 28, 16 @ 10:59 am:

    Another overly emotional solution to an alleged problem. DH victims were all past puburty and the APA tip toes around the extent of damaged s in this age group.


  24. - Precinct Captain - Thursday, Apr 28, 16 @ 10:59 am:

    ==- IRLJ - Thursday, Apr 28, 16 @ 10:41 am:==

    Statutes of limitations do not prevent wrongful convictions.


  25. - Just Me - Thursday, Apr 28, 16 @ 11:02 am:

    This was specifically discussed last night on Chicago Tonight and some interesting explanations were given for why our law system has statute of limitations.


  26. - My button is broke... - Thursday, Apr 28, 16 @ 11:02 am:

    I know in civil cases, a potential defendant obtains a constitutional right once the statute of limitations ends and it can’t be taken away by the legislature passing a new law. Not sure if the same can be said of criminal defendants, but there are lots of similarities.


  27. - so... - Thursday, Apr 28, 16 @ 11:03 am:

    ==crazybleedingheart - Thursday, Apr 28, 16 @ 10:27 am:

    That legislation was not retroactive and only covered offenses that occurred from Jan 1, 2014 on. I would imagine this would alter that legislation to be inclusive and retroactive==

    You can’t retroactively change the statute of limitations. The Supreme Court ruled on this in 2003. See Stogner v. California. https://en.wikipedia.org/wiki/Stogner_v._California


  28. - Ferris Wheel - Thursday, Apr 28, 16 @ 11:04 am:

    “===Should someone accused of murder 30 years after the fact still be held accountable?===

    Murder has no statue of limitation.”

    That was my point. Some heinous crimes (like murder) have no SOL. Therefore it’s not unreasonable to suggest another heinous crime (like molestation) should not have SOL either.


  29. - Del Clinkton - Thursday, Apr 28, 16 @ 11:06 am:

    I agree that this is an emotional response to this situation.


  30. - DuPage Saint - Thursday, Apr 28, 16 @ 11:07 am:

    Murder arson and treason no statute of limitations. Make civil lawsuits possible at anytime and leave criminal penalties alone. As Politically Incorrect said plenty of time.


  31. - Juice - Thursday, Apr 28, 16 @ 11:08 am:

    Precinct Captain, and others, the US Supreme Court ruled in Stogner v California that extending the Statute of Limitations retroactively is an unconstitutional ex post facto law. So not sure if Illinois can go further than Jan. 1, 2014. (And that case also happened to be related to extending the SOL retroactively for sexual abuse of a minor). You would also have to go back and determine specifically what the laws were in the 1970s, since it is enitrely conceivable that the crimes Hastert committed were not treated with the same appropriate level of severity that they are today.


  32. - siriusly - Thursday, Apr 28, 16 @ 11:09 am:

    Another great idea from Cap Fax commenter “Siriusly” (okay fine I only said it yesterday)

    47 - ouch


  33. - siriusly - Thursday, Apr 28, 16 @ 11:11 am:

    Del - yes this is a response to a specific situation. But is there a valid policy rationale to having a statute of limitations on a crime like this?

    is there a statute of limitations on other crimes that have serious impact on a victim? Murder? Rape?

    I am genuinely asking. I don’t understand the basis for these statutes of limitation.


  34. - 47th Ward - Thursday, Apr 28, 16 @ 11:13 am:

    ===47 - ouch===

    I know, but I recently saw Spotlight and it made me physically ill. I’m a Catholic, but the sins committed by the church to cover up these crimes are almost unforgivable. They are definitely unforgettable.

    Never again.


  35. - justacitizen - Thursday, Apr 28, 16 @ 11:19 am:

    OK-but if we drop SoL on crimes vs children, let’s get it right as others have commented. There are some good reasons for SoL and minds blur after passage of time.


  36. - Wensicia - Thursday, Apr 28, 16 @ 11:22 am:

    I support this because I think there would have to be proof the crime took place, not just the word of the victim. Obviously, this becomes easier in cases with multiple victims. This does not mean an automatic conviction for the accused, as is true in other cases without a statute of limitations. The law is needed for the worst offenders like Hastert. They can’t stop themselves.


  37. - Ron Burgundy - Thursday, Apr 28, 16 @ 11:23 am:

    “I don’t understand the basis for these statutes of limitation.”

    As some have said above, they are a societal determination that at some point prosecutions for certain crimes should be cut off due to the unreliable nature of evidence over time and to protect the ability of a defendant to mount a defense. Memories get fuzzy and inadvertently get replaced with fiction, physical evidence deteriorates, witnesses die. All of these can result in a wrongful conviction. Also these statutes for lesser crimes provide an opportunity for the perpetrators to get on with their lives after a certain point and stop looking over their shoulder. For the most heinous crimes, like murder and some sex crimes, society has determined that there should be no similar escape.


  38. - crazybleedingheart - Thursday, Apr 28, 16 @ 11:24 am:

    ====crazybleedingheart - Thursday, Apr 28, 16 @ 10:27 am:

    That legislation was not retroactive and only covered offenses that occurred from Jan 1, 2014 on. I would imagine this would alter that legislation to be inclusive and retroactive==

    You can’t retroactively change the statute of limitations. The Supreme Court ruled on this in 2003. See Stogner v. California. https://en.wikipedia.org/wiki/Stogner_v._California==

    Something one would think the AG would address in a news release.


  39. - Ron Burgundy - Thursday, Apr 28, 16 @ 11:26 am:

    I should add that these statutes also relate to the legal maxim that it is better to let a guilty man go free than to convict an innocent man.


  40. - Dread Pirate Roberts - Thursday, Apr 28, 16 @ 11:27 am:

    I’m completely biased in this as my spouse was sexually abused as a child, but I can tell you that I’ve seen the effects of that abuse impacting his life now - 20 years later. He is still in therapy, he lives a good life, but he will never be “over it.” So, my sympathy for those that harmed him and there ability to mount a defense is zero. However, that might be why I should take myself out of the equation because I’m admittedly totally biased. But, I think sex crimes are different in lots of ways from other crimes. His abusers were never prosecuted, they were family members. He felt he had no one that he could trust to confide in, he felt going to authorities would make him less safe. He may have been wrong on this, but he was a child. When he became an adult, 18, he was blaming himself and felt that he was to blame for everything and couldn’t bare the shame of telling others what happened to him. There are completely understandable reasons why someone would not be emotionally ready to confront abusers until years later. No easy answers here.


  41. - JoanP - Thursday, Apr 28, 16 @ 11:28 am:

    Very, very dangerous. There are excellent reasons for having statutes of limitations, and eliminating them, based on emotional reactions to egregious cases like Hastert’s, risks increasing the number of erroneous convictions.


  42. - train111 - Thursday, Apr 28, 16 @ 11:30 am:

    I think it’s a bad idea.
    Some years back I did a bunch of genealogy work on my family and you wouldn’t believe how many times documentary evidence ran completely counter to what relatives remembered. What I am saying is people’s memories and recollections change over time. It is simply impossible to go back 30 or 40 years and know you have the absolute truth about something that old based solely on peoples memories. Whoever was involved may or may not have memories clouded by time, societal changes, changes in sexual mores, and a whole host of other things.

    This does not mean that I am advocating for sexual offenders. It only means, that we are walking on very thin ice when it comes to accusing or convicting people based on 40 year old memories.

    train111


  43. - Earnest - Thursday, Apr 28, 16 @ 11:32 am:

    47 +1

    I support this. I want us to be able to prosecute serial child molesters even if things come out decades down the road. I think juries can sort through whether memories in a particular case are proof beyond a reasonable doubt.


  44. - @MisterJayEm - Thursday, Apr 28, 16 @ 11:35 am:

    “I don’t understand the basis for these statutes of limitation.”

    Hypothetical: I genuinely believe you are the person who hit me with a baseball bat 14 years ago. I go to the police accusing you of battering me. I show them photograph of someone who looks a lot like you attacking me. I tell them a very detailed account of what happened when the crime occurred. And as the victim of a violent crime, I seem to remember that night like it was yesterday.

    By contrast, when the police talk with you about it, you don’t remember what you did on that evening at all. Because of my earnest account of the crime, my certainty that it was you, the brutality of the crime, and your “I don’t know what I was doing that night”, you’re charged with battering me.

    How would you defend yourself? How could you defend yourself? Good luck!

    One would hope that the presumption of innocence and reasonable doubt standard would insure your freedom, but it I sure wouldn’t want to bet on it.

    The difficulty in mounting a defense against charges of crimes alleged to have occurred in the remote past is the rationale for statutes of limitations. (Whether one finds that rationale sufficiently compelling is another matter.)

    – MrJM


  45. - Crim defense - Thursday, Apr 28, 16 @ 11:36 am:

    Murder is different because the victim, by definition, cannot come forward and the proof must necessarily be by other means. In sexual assault cases, the outcry by the victim is a key fact. As others have pointed out, 10 years past the age of majority gives the victim ample time to come forward and protects against abusive false accusations.


  46. - Steve - Thursday, Apr 28, 16 @ 11:36 am:

    Statutes of limitations are part of our legal heritage. What’s next? Getting rid of statutes of limitations on jaywalking? Parking tickets? Politicians who commit crimes in office but have yet to be caught?


  47. - @MisterJayEm - Thursday, Apr 28, 16 @ 12:01 pm:

    “10 years past the age of majority gives the victim a̶m̶p̶l̶e̶ time to come forward and protects against abusive false accusations.”

    I respectfully concur, in part, and dissent, in part.

    – MrJM


  48. - Judgment Day - Thursday, Apr 28, 16 @ 12:04 pm:

    Anybody remember the Fells Acres Day Care Center cases in Massachusetts?

    Link is: https://en.wikipedia.org/wiki/Fells_Acres_Day_Care_Center_preschool_trial

    I’m quite sure nobody would want something like this to happen in IL, but when you remove the statute of Limitations, well, stuff can happen.

    Unintended consequences to reactive, poorly thought out legislation.


  49. - RNUG - Thursday, Apr 28, 16 @ 12:06 pm:

    - Politically Incorrect -

    I agree the current law seems reasonable, or some variation of it. Memories fade, possible witnesses move or die, potential evidence disappears. Taking those circumstances into account, there should be a finite limit.


  50. - TominChicago - Thursday, Apr 28, 16 @ 12:07 pm:

    Ferris Wheel
    “Then that should apply to all crimes. Should someone accused of murder 30 years after the fact still be held accountable?”

    Valid point except that a murder charge brought say 30 years after the fact probably would not rely on testimony but rather some physical evidence. In the case of child molestation, the evidence almost necessarily would be limited to the testimony of the victim. In case that someone decides for whatever reason to falsely accuse another of child molestation 30 years later, how would the accused defend himself?


  51. - crazybleedingheart - Thursday, Apr 28, 16 @ 12:18 pm:

    ==“10 years past the age of majority gives the victim a̶m̶p̶l̶e̶ time to come forward and protects against abusive false accusations.”==

    Well, our law is 20 years or life, not 10 years, so are you proposing to reduce our SOL?

    Lisa Madigan isn’t.


  52. - Anonymous - Thursday, Apr 28, 16 @ 12:18 pm:

    With all sympathy for those who have been abused, by age 28, it is reasonable to expect that the person will no longer be in a vulnerable position with respect to the perpetrator. And most will be beyond college, entry into the work force, and establishing themselves into a mature adult life. While the person may still struggle emotionally, it does not seem unreasonable to put age 28 as the balancing point between the victim and the rights of the possibly innocent accused.


  53. - Ghost - Thursday, Apr 28, 16 @ 12:21 pm:

    basically, treat it the same as murder. makes sense to me. both horrible crmes against society and people.


  54. - crazybleedingheart - Thursday, Apr 28, 16 @ 12:23 pm:

    Guys. It’s not 28, except for misdemeanors.

    It’s 38-to-life for felonies. Life for a case like Hastert’s.

    720 ILCS 5/3-6(j)


  55. - crazybleedingheart - Thursday, Apr 28, 16 @ 12:24 pm:

    A sane criminal justice system doesn’t treat a misdemeanor like murder.


  56. - Del Clinkton - Thursday, Apr 28, 16 @ 12:26 pm:

    Good explanation MJM. Thanx.


  57. - Ghost - Thursday, Apr 28, 16 @ 12:36 pm:

    um a sane person knows that by definition a felony is not a misdemeanor


  58. - burbanite - Thursday, Apr 28, 16 @ 12:36 pm:

    The statute of limitations should have been eliminated on these matters when it became apparent that DNA testing could identify perps decades later. It needs to be done, the ball needs to be moved forward. It should have been done years ago. The burden is on the State, Beyond a Reasonable Doubt. Repressed memories would not be enough without independent corroboration.


  59. - Anonymous - Thursday, Apr 28, 16 @ 12:40 pm:

    I have not followed the allegations closely, but generally fondling would be a misdemeanor. Aggravated to a felony where the person was in a postition of authority. Again, age 28 or age 38 would not be an unreasonable time to expect a person abused as a minor to come forward. The burdens of defending against such an old accusation are already formidable.


  60. - Mama - Thursday, Apr 28, 16 @ 12:40 pm:

    What about a small child who is sexually abused by a parent? The child feels powerless if the other parent does not want to believe it happened. In a case like this, I think a child should be allowed to seek justice 20 years after the fact.


  61. - crazybleedingheart - Thursday, Apr 28, 16 @ 12:44 pm:

    ==The statute of limitations should have been eliminated on these matters when it became apparent that DNA testing could identify perps decades later.==
    It was.

    ==It needs to be done==
    It was.

    ==the ball needs to be moved forward.==
    It is.

    ==It should have been done years ago.==
    It was.


  62. - Anonymous - Thursday, Apr 28, 16 @ 12:44 pm:

    It would be highly unlikely that there would be any DNA for a fondling. And the Criminal Code has already removed limitations for cases where there is such physical evidence. It’s the cases where the victim never came forward, never had any rape kit done, and then makes an accusation based only on memory where there is a huge risk of wrongful conviction. Statute extending limitations where physical evidence exists states: (j) (1) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.


  63. - crazybleedingheart - Thursday, Apr 28, 16 @ 12:52 pm:

    This state’s problem with sexual abuse/assault is not that the 2013 law isn’t punitive enough.

    It’s with Hastert’s 41 letters. Period.


  64. - Ghost - Thursday, Apr 28, 16 @ 12:56 pm:

    Anonymous feliny butden of prrof is beyound a teasonable dou t. thats on the state. Defending would get easier over time, not harder, for mostly the reasons you mention. But its the same issue in murder. We decided as a matter of social policy that certain crimes should create accountability whenever they can be proven, and the butden is very very high.

    I dont see a societal benefit for creating a safe harbor for those who victimize children. Traumatic events perpatrated on children shape how they handle the future, its not a chain that magically goes away when you hit 30, but instead it is one the grows ever longer and heavier with the passage of time.


  65. - Tommydanger - Thursday, Apr 28, 16 @ 1:04 pm:

    The offenses of Forgery and Arson have no statute of limitations. If we can prosecute someone 30 years after the fact for forging your name on your check or burning down your garage, then surely we should be able to prosecute them for sexually abusing your son or sexually assaulting your wife 30 years after the fact.


  66. - crazybleedingheart - Thursday, Apr 28, 16 @ 1:07 pm:

    Your son or your wife?!?!

    These aren’t property crimes, Tommydanger.

    And kidnapping is 10 years.


  67. - Mama - Thursday, Apr 28, 16 @ 1:17 pm:

    ==Statute extending limitations where physical evidence exists states: (j) (1) When the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so. ==

    My point is a child would not know about laws in place to protect him/her.


  68. - Tommydanger - Thursday, Apr 28, 16 @ 1:28 pm:

    Crazybleedingheart: Exactly, so if you can prosecute someone for a property crime 30 years after the fact, why shouldn’t you be able to prosecute them for sexual assault 30 years later.


  69. - gg - Thursday, Apr 28, 16 @ 1:30 pm:

    Train111

    +1


  70. - Joe Cannon - Thursday, Apr 28, 16 @ 1:30 pm:

    Thanks Crazy Bleeding Heart for reading the actual law. 20 years past majority for minor victims, unlimited if there is DNA and now other corroborative physical evidence, unlimited for civil suits, ex post facto prohibited.


  71. - Tommydanger - Thursday, Apr 28, 16 @ 2:06 pm:

    I know of a case where the victim of a sexual assault, knowing she was unable to defeat the assault, prevailed upon him to use a condom, which he did. Training for women for such attacks encourages them to do just that, in order to prevent STDs and unwanted pregnancies.

    The attacker was subsequently arrested and prosecuted in part due to his failure to get rid of the condom.

    How perverse it would be for a woman facing an inevitable sexual assault to successfully convince her attacker to use a condom which would likely result in no DNA being recovered. The effect of which would dramatically reduce the time during which her attacker could be prosecuted.


  72. - Anonymous - Thursday, Apr 28, 16 @ 2:09 pm:

    The limitations does not begin to run until the child becomes an adult. So a child not knowing the law is already incorporated into the law. And ghost, unless the murder victim makes a ghostly apparition, no murder case would ever have the victim’s word against the defendant’s word with no other proof. Corpus delicti also limits murder prosecutions based on testimony alone.


  73. - Anonymous - Thursday, Apr 28, 16 @ 2:13 pm:

    If I was a woman raped by a man using a condom, I wouldn’t be very happy if the State’s Attorney could delay that prosecution for 40 or 50 years while the man had opportunity to rape others. Statutes of limitations encourage timely prosecutions which helps protect the public in these cases of serial offenders.


  74. - anon - Thursday, Apr 28, 16 @ 2:17 pm:

    The Repressed memories scam in the 1990s should give everyone pause. I have no sympathy for perpetrators, but I do have empathy for innocent people who are falsely accused. False sexual assault allegations are as old as the Bible. (See Genesis describing how the wife of Potifer, an Egyptian official, falsely accused Joseph of assult.


  75. - burbanite - Thursday, Apr 28, 16 @ 3:34 pm:

    Obviously I did not know that thanks Crazy Bleeding heart.


  76. - Menard guy - Thursday, Apr 28, 16 @ 4:11 pm:

    CRITIC: You need to understand this issue from a psychological perspective before you make the ridiculous assertion that sexual abuse is not traumatic after puberty.


  77. - Wensicia - Thursday, Apr 28, 16 @ 4:18 pm:

    This is not about repressed memories. It’s about fear, shame, and self-depreciation by the victims, and guilt for somehow deserving of the criminal act. I don’t believe a time stamp can be applied, where your accusations go from acceptable to unbelievable. Not for something like this.

    Is the threat of false, unprovable accusations more important than justice for true victims after a certain date? I’ll leave that up to your conscience. We all praised the bravery of Hastert’s victims in court yesterday. But, many stop at giving them legal recourse here.


  78. - Anonymous - Monday, May 2, 16 @ 1:35 pm:

    Federal court practitioners, help me out here. I glanced at the federal law on a civil commitment as a sexually dangerous person. Could the US Attorney seek to have Hastert civilly committed as a sexually dangerous person after he serves his sentence based on his propensity shown by prior incidents even though the limitations perior has run for any criminal prosecutions/civil suit?


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Isabel’s afternoon roundup
* The Waukegan City Clerk was railroaded
* Whatever happened, the city has a $40 million budget hole it didn't disclose until now
* Manar gives state agencies budget guidance: Cut, cut, cut
* Roundup: Ex-Chicago Ald. Danny Solis testifies in Madigan corruption trial
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Loading


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0




Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller