Why is There a Statute of Limitations on Child Rape?

[Conley]

SYRACUSE, N.Y. -- A county district attorney who sharply criticized police and Syracuse University for their handling of sex abuse allegations against an assistant basketball coach said Wednesday that he cannot bring charges but found that two men who accused him of sexual abuse are credible.
http://a.espncdn.com/photo/2011/1117/ncb_g_fine_mb_65.jpg

Fine

Onondaga County District Attorney William Fitzpatrick said he found that two men who accused him of sexual abuse are credible, but that the crimes alleged are too old to be prosecuted.

The accusations against Fine once appeared to threaten the job of Hall of Fame coach Jim Boeheim, who has said he is unaware of any abuses happening during his tenure.

Boeheim at first vehemently defended his longtime friend and assistant and said the accusations were lies to make money in the wake of the Penn State sex abuse scandal. He later backtracked and said he was wrong to question the motives of the accusers.

http://espn.go.com/mens-college-basketball/story/_/id/7326350/bernie-fine-face-state-charges-abuse-investigation-former-syracuse-orange-assistant

The very nature of the crime means that it will likely be years before the child is a man and secure enough to come forward. Most never do. A lot of ten year old kids are going to be too afraid or embarrassed to go the police. This infuriates me. We're just going to let child rapists walk around as free men because a certain amount of time has elapsed? Fucking hell.

[Mister D]

http://www.fas.org/sgp/crs/misc/RL31253.pdf

see page 8. I don't understand. According to my source you can be prosecuted as long as the victims are living.

[Conley]

http://www.fas.org/sgp/crs/misc/RL31253.pdf

see page 8. I don't understand. According to my source you can be prosecuted as long as the victims are living.

Thanks D, that does make me feel better. I did spend some time trying to parse all that out. Perhaps even if the state of New York can't bring charges against this POS the Feds can.

[Mister D]

It sounds like it. It really would be outrageous if this guy couldn't be charged. I'm no legal expert though.

[GRUMPY]

gotta agree, never heard of a statute of limitations with regard to sex offenses, would have to check nys cpl though....

[Mister D]

gotta agree, never heard of a statute of limitations with regard to sex offenses, would have to check nys cpl though....

Like Conley said, even if NY has such a limitation the feds should be able to act.

[Conley]

What does CPL stand for?

[Mister D]

Criminal Procedure Law, I believe.

[Conley]

Thanks makes sense. Thanks.

[Mister D]

This will probably depend on whether or not the family or individual wants to continue this. If they/he does I bet action can and will be taken.

[Peter1469]

http://www.fas.org/sgp/crs/misc/RL31253.pdf

see page 8. I don't understand. According to my source you can be prosecuted as long as the victims are living.

D, you linked to Federal rules. Conley's article discussed NY State rules. If they can find that the coach took a kid across state lines, then maybe the feds can charge him.

[Mister D]

D, you linked to Federal rules. Conley's article discussed NY State rules. If they can find that the coach took a kid across state lines, then maybe the feds can charge him.

How does that work? If the acts were all committed in NY than only NY State law applies?

[Peter1469]

How does that work? If the acts were all committed in NY than only NY State law applies?
Unless a federal law was also violated.

[Mister D]

Unless a federal law was also violated.

I would think that child molestation violates something. I'm not sure though. It does seem pretty outrageous that this scumbag can get away because too much time has gone by.

[Peter1469]

I would think that child molestation violates something. I'm not sure though. It does seem pretty outrageous that this scumbag can get away because too much time has gone by.

There is no federal law that covers child abuse that only occurs within a state. It is a state issue. Federalism and all that.

If the guy was a pedophile his home computer is likely full of child porn- with an interstate link.

[Mister D]

There is no federal law that covers child abuse that only occurs within a state. It is a state issue. Federalism and all that.

If the guy was a pedophile his home computer is likely full of child porn- with an interstate link.

Interesting. Hopefully, they can get this guy on something.

[Conley]

There is no federal law that covers child abuse that only occurs within a state. It is a state issue. Federalism and all that.

If the guy was a pedophile his home computer is likely full of child porn- with an interstate link.

That should be easy enough to get him on.

In PA the football coach is back in a jail, a couple of new victims have stepped forward and it doesn't sound like the new judge is going to treat him as gently as the other one did.

[Mister D]

That should be easy enough to get him on.

In PA the football coach is back in a jail, a couple of new victims have stepped forward and it doesn't sound like the new judge is going to treat him as gently as the other one did.

Good.

[Conley]

It seems certain that the NY code does have a statute of limitations. I'm sure it will be changed after all this publicity but for now the system has failed.


SYRACUSE, N.Y. (AP)—New York state must lengthen the statute of limitations to bring charges of child sex abuse, a victims’ advocate said in response to a prosecutor’s statement that it’s too late to investigate two men’s claims that they were molested by former Syracuse (http://rivals.yahoo.com/ncaa/basketball/teams/sci/) University assistant basketball coach Bernie Fine.Victims of childhood sexual abuse are “denied basic legal rights,” said the Rev. Robert Hoatson of the advocacy group Road to Recovery.“If there ever was a case that screamed `injustice,’ it is this one, since it glaringly displays the further damage that antiquated laws can inflict on victims,” Hoatson said in a statement.

http://rivals.yahoo.com/ncaa/basketball/news?slug=ap-syracuse-fineinvestigation

[Conley]

D, you linked to Federal rules. Conley's article discussed NY State rules. If they can find that the coach took a kid across state lines, then maybe the feds can charge him.

I believe at least one of the accusers did spend time with the guy in a hotel room. Hopefully they did cross state lines, not sure.

[Mister D]

It seems certain that the NY code does have a statute of limitations. I'm sure it will be changed after all this publicity but for now the system has failed.


SYRACUSE, N.Y. (AP)—New York state must lengthen the statute of limitations to bring charges of child sex abuse, a victims’ advocate said in response to a prosecutor’s statement that it’s too late to investigate two men’s claims that they were molested by former Syracuse (http://rivals.yahoo.com/ncaa/basketball/teams/sci/) University assistant basketball coach Bernie Fine.Victims of childhood sexual abuse are “denied basic legal rights,” said the Rev. Robert Hoatson of the advocacy group Road to Recovery.“If there ever was a case that screamed `injustice,’ it is this one, since it glaringly displays the further damage that antiquated laws can inflict on victims,” Hoatson said in a statement.

http://rivals.yahoo.com/ncaa/basketball/news?slug=ap-syracuse-fineinvestigation



Ugh. What a travesty. That's one crime that shouldn't have a limitation beyond the natural death of the victim.

[Conley]

Ugh. What a travesty. That's one crime that shouldn't have a limitation beyond the natural death of the victim.

I can't believe it hasn't been challenged before. It must be changed.

[Mister D]

I can't believe it hasn't been challenged before. It must be changed.


That does seem unlikely, doesn't it?

[Peter1469]

Many states' statute of limitations are flexible- if a victim blocks the memories and they come back through therapy years later, that can be the start of the SOL.

But we have to remember that our criminal justice system is built around the rights of the accused and not the rights of the victim. How easy is it to throw out an accusation 20 years old to derail someones career? Especially when all evidence, other than your word, is long gone.

[Mister D]

Many states' statute of limitations are flexible- if a victim blocks the memories and they come back through therapy years later, that can be the start of the SOL.

But we have to remember that our criminal justice system is built around the rights of the accused and not the rights of the victim. How easy is it to throw out an accusation 20 years old to derail someones career? Especially when all evidence, other than your word, is long gone.

Good point.

[GRUMPY]

Ugh. What a travesty. That's one crime that shouldn't have a limitation beyond the natural death of the victim.

d having done some work with so's and their victims i agree with your sentiment....still how does one defend ones self against false charges 20yrs or so old.....this is why where children are involved vigilant oversight must be employed....schools and youth programs of all sorts are target rich environments, where there is a school of minnows there will be sharks....

[Conley]

d having done some work with so's and their victims i agree with your sentiment....still how does one defend ones self against false charges 20yrs or so old.....this is why where children are involved vigilant oversight must be employed....schools and youth programs of all sorts are target rich environments, where there is a school of minnows there will be sharks....

That is a good point. Sandusky tried to get a volunteer coaching position with a high school last year. Thankfully the school did their due diligence and I don't know how (I don't think he had a criminal record?) but they found out about his background and the red flags were enough to keep them at a safe distance from this predator.

[Mister D]

d having done some work with so's and their victims i agree with your sentiment....still how does one defend ones self against false charges 20yrs or so old.....this is why where children are involved vigilant oversight must be employed....schools and youth programs of all sorts are target rich environments, where there is a school of minnows there will be sharks....

Good points. This sort of thing provokes a visceral reaction in any decent human being so I was somewhat shocked by the decision not to pursue this degenerate.

[Mister D]

That is a good point. Sandusky tried to get a volunteer coaching position with a high school last year. Thankfully the school did their due diligence and I don't know how (I don't think he had a criminal record?) but they found out about his background and the red flags were enough to keep them at a safe distance from this predator.

I wonder what information they came across? Why didn't anyone else know about it?