It is good to see that the Statute of Limitations for B Sex Felonies has been extended from 5 years to an unlimited time. As of 2006, for some second degree offenses involving minors, the penal law may be commenced within five years of the commission of the most recent act of sexual conduct, but for underage victims of first degree offenses, the period of limitation shall not begin to run until the child has reached the age of eighteen or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.
This is of great relief to the victims which often did not report the crimes until much later. And by the time they were mentally and emotionally mature to deal with the sex crime, their time for justice had sadly expired. This amendment to the penal code gives victims a sense that justice can still be served rather than if you snooze, you lose as the previous 5 year Statute of Limitations mockingly screeched at them.
But to me the question still arises:
Why was there a Statute of Limitations on these types of sex crimes in the first place?
“Statutes of limitations in both criminal and civil law (only the criminal law is affected by the new legislation) refer to the period of time during which an action or prosecution can be brought. Exceeding the statute of limitations automatically ends a claim. The purpose of statutes of limitations is closure. Parties, victims, plaintiffs cannot use the courts without a time frame. Without one, prosecutors and police would have to keep their files and cases active indefinitely.”
And why not? As files become computerized and there is a decreasing paper trail…why can’t these files be active indefinitely? God forbid they had to be reviewed every now and again to check for new evidence!
“There have been exceptions to the statute of limitations for certain crimes those considered the most serious, such as murder, arson and kidnapping but rape was never included in this group of crimes.”
Maybe it’s time to reclassify rape and violent crimes of a sexual nature? Instead of grouping them with burglary, kidnapping, and arson, maybe take another angle...just an idea *shrugz*
Monday, November 27, 2006
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