SOL Reform in Alaska: Senate Bill 112
Alaska Senate Bill 112 creates a one-year period in which civil action may be brought against felony sexual assault and sex abuse cases that are currently time barred by Alaska statute of limitations laws.
Here a summary fact sheet on Alaska Senate Bill 112 - a bill to help expose child molesters:
What's the main goal of the bill?
To deter future abuse and protect kids by exposing predators and those who cover up for them.
What does it do?
It opens a one-time, one year civil 'window' to enable child victims of felony sex crimes to expose their perpetrators in court.
What else does it do?
It gives organizations that deal with kids more incentive to prevent child sexual abuse and respond appropriately when it happens.
It also gives deeply wounded adults who were molested as kids the chance to warn others about predators by seeking justice in court.
Hasn't the legislature already extended the statute of limitations?
Yes, but only prospectively. By doing so, lawmakers have essentially protected our grandchildren from sexual abuse. But our children are still vulnerable because some sexual predators in Alaska have successfully intimidated victims, threatened witnessed, destroyed evidence and 'run out the clock' on their crimes. Right now, they'll likely never face legal action, either criminal or civil, for their devastating crimes. And they'll likely molest again and again.
What's wrong with the status quo?
The FBI estimates that 90% of all child molesters are never caught. Because of archaic, arbitrary and overly restrictive statutes of limitations, they'll continue to wreck innocent lives and will not be jailed or exposed.
Have other states passed similar measures?
California enacted a bill like this in 2002. As a result several hundred predators were exposed and removed from positions of access to kids.
Are other states considering similar measures?
Nearly identical bills are moving now in several states including Delaware , Illinois , Maine , and Minnesota .
Why can't victims come forward sooner?
Sadly, it often takes years, even decades, before victims understand that they're deeply hurt, the hurt is on-going, the abuse caused/is causing their pain, and that they may have legal options and moral responsibilities to speak up. (Very seldom do we see a seven year old child walk into a police station and say "My coach is sodomizing me." Kids are rarely able to report child sex crimes promptly.)
Predators are shrewd and often trap their victims in silence through compelling threats ("If you speak, I'll kill your parents") or by convincing a child that somehow s/he is complicit in the abuse and will be blamed and punished if others discover the crimes.
Who supports this bill?
A nation-wide support group, with 8,000 members, called SNAP, the Survivors Network of those Abused by Priests (SNAPnetwork.org )
Who opposes this bill?
At this point, only lawyers for the Jesuits, the largest and most wealthy religious order of Catholic priests in America .
Why?
They claim to be worried about 'old cases' being hard to defend and say it's unfair to take legal action years later.
The burden of proof remains, as always, on the victims themselves. This bill does not alter that.
Does this bill target or focus on the Catholic church?
Absolutely not. It helps publicly expose many child predators, regardless of where they work.
What's the status of the bill?
It has passed out of the Senate Judiciary Committee. (It's sponsored by Senator Hollis French.)
For more information:
David Clohessy, SNAP National Director, 314 566 9790 (SNAPclohessy@aol.com)
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Here's a summary statement about the bill from the sponsor, Alaska Senator Hollis French:
Senate Bill 112: "Statute of Limitations for Sexual Offenses"
SB 112 creates a one year period in which civil action may be brought against felony sexual assault and sex abuse cases that are currently time barred by Alaska statute of limitations laws.
Alaska law was amended in 2001 to remove the statute of limitations for all felony sexual assault and sex abuse cases. Unfortunately, with this change, one class of victims remains left out: those who were assaulted while the old statute of limitations was in effect. SB 112 cures this injustice by allowing victims with legitimate claims the opportunity to have their day in court.
Experts have found there are several reasons that a victim, especially a child, will not report sexual abuse right away. Numerous studies have shown it can take years for a victim to fully realize that they were abused and to understand the effect the abuse has had on their life.
Sex abuse and sex assault is illegal, regardless of the reason it was not disclosed. SB 112 allows past victims the same rights they would have under today's law; the right to file suit against their perpetrators no matter when the abuse occurred.
[SIGNED]
SENATOR HOLLIS FRENCH
1 comments:
This MUST be done! The reason the short Statute of Limitations was abolished in 2001 is because it’s absolutely ridiculous to put a short time frame on prosecuting this type of abuse. Abusers use so many tactics to keep their victims quiet for that small time frame when they should be rightfully punished for life after punishing a child or children for life. This crime is so heinous and unspeakable, but then when a person FINALLY gets the courage to speak the laws give them no relief. Most of us wait until our 30’s or beyond to ever speak out or obtain help to understand the enormous impact this has on our lives. I am 37. We make excuses and blame our anger, rage, low self-esteem, suicidal attempts or thoughts, etc. on ourselves rather than directing them where they belong: the felon, rapist, pedofile who murdered our souls. There is no way to escape unscathed from years of sexual abuse, and these people MUST be held accountable for their actions. There are no “faded memories” for us, most of us remember it as if it happened yesterday, and once a person decides to face the truth and come to terms with it we live day to day in our hell. I was told once I started counseling things would get worse before they were better, and I didn’t understand that at the time. Then I saw it’s because I could finally connect the anger and rage with the abuse while starting to understand that I didn’t “ask for it”, etc as I had been led to believe. My mother believes, as my step-father told her, that we had an AFFAIR. She is still with him today although he admits to abusing me for at least 2 yrs starting when I was about 13. This doesn’t just harm the little child and go away. We do not grow up knowing what is normal, healthy, or whom to trust. We don’t know what is appropriate. We are often re-victimized because nothing is done to the perpetrator. We don’t know what to do or who to turn to.
It was such an important step that the Statute of Limitations was abolished in Alaska in 2001 for civil suits and in 1994 for criminal suits, but at a minimum this 1 yr window must be approved and/or the law be made retroactive. The reason lawmakers removed the Statute of Limitations is clear and understandable, now stop punishing the victims from before 2001. These predators must NOT be able to live their free, easy lives while we victims continue to suffer. Laws should protect children/victims and NOT criminals.
I wish I had known victims were allowed to speak out in Juneau on March 26 as I would’ve flown up from CA to tell my story.
I am proud to use my name every time I speak out as I am no longer ashamed that I was abused.
Thank you, Tammi Harper
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