What’s Going on in Other States?

Alaska, California, Delaware, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, New Jersey, New Mexico, North Carolina, Rhode Island, South Carolina, Vermont, and Wyoming have no statutes of limitations for the most aggravated forms of rape, sexual abuse, and sexual assault.

Legislation to eliminate or extend statutes of limitations on sexual crimes against children was filed last year in many states, including Connecticut, which extended the time limit for filing claims of child abuse to thirty years beyond the age of majority.  In other states, such as Arizona and Illinois, victims’ rights advocates are working with lawmakers to lower barriers to the pursuit of justice and accountability in cases of child molestation by promoting measures that address the psychological reasons for delayed reporting.

Throughout the country, the revelation of the staggering number of children who had been molested by Catholic priests has prompted grand juries, prosecutors, lawmakers, and victims’ advocates to call for an end to statutes of limitations on child rape and other serious sexual offenses.

§            New York State Criminal Procedure Law section 30.10 should be amended to eliminate the statute of limitations in cases involving a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than the age of eighteen, use of a child in a sexual performance as defined in section 263.05 of the penal law or conspiracy to commit these crimes under New York State Penal Law Article 105.  – 1^st Recommendation of Grand Jury Report on the Diocese of Rockville Center, New York, 5/6/02

§             “The grand jury clearly was frustrated that the statute of limitations precluded us from going forward on what were clearly prosecutable cases," [Westchester County D.A. Jeanine] Pirro said yesterday.  The report, the first New York grand jury action in the current scandal, asks the state Legislature to amend the law to provide criminal penalties for permitting a clergy member with a record of child sexual abuse to have access to minors. It also says the statute of limitations should be eliminated in cases where the victim of a sex offense is a minor.

§            "I think it's a very realistic assessment of what needs to be done," Pirro said, adding that legal changes are necessary to ensure such sexual abuses do not happen again.  - The Journal News, 6/2002

§            Cuyahoga County Prosecutor William Mason's frustration was clear at a news conference as he criticized Ohio's laws for providing an escape hatch for most of the 145 priests against whom sex-abuse allegations were leveled.  "Without a doubt, but for the statute of limitations, many more priests would have been indicted," Mason said.  He said he intends to work with the Ohio legislature next year to loosen the law (Cleveland.com, 12/5/02).

[SNAP leader David] Clohessy is encouraged by changes within law enforcement regarding clergy sexual abuse. "We have seen that prosecutors, police, investigators and judges have been increasingly resourceful and courageous going after molesters even with old evidence and allegations. If kids are going to safe, it takes real concerted effort," Clohessy said.  (MassLive.com, 10/27/04)

State Legislation Related to Church Sex Abuse Crisis

Tuesday, March 4, 2003 - The Associated Press

Here is a description of measures state lawmakers have drafted in response to the sex abuse crisis in the Roman Catholic Church:

Arizona: Would extend statute of limitations for civil lawsuits alleging
child sex abuse.

Florida: Would extend statute of limitations for civil lawsuits, with the
possibility of eliminating the statute of limitations for two years.

Illinois: Would eliminate the statute of limitations in criminal cases if
offender is a member of the clergy. Would eliminate statute of limitations
for civil lawsuits and tightens requirements for clergy to report child
sex abuse to civil authorities.

Maryland: Would extend statute of limitations for civil lawsuits.

Minnesota: Would extend statute of limitations for civil lawsuits.

New Hampshire: Would require clergy to report child sex abuse to civil
authorities even if the information is disclosed in confessional. Also,
would extend statute of limitations on civil lawsuits.

New York: Would extend statute of limitations on civil lawsuits and
tightens requirements for clergy to report child sex abuse to civil
authorities.

Ohio: Would extend statute of limitations on civil lawsuits.

Pennsylvania: Would eliminate statute of limitations on criminal
prosecution of child sex abuse.

South Carolina: Would tighten requirements for clergy to report child sex
abuse to civil authorities.

Wisconsin: Among other changes, would extend statute of limitations for
criminal prosecution and civil lawsuits over child sex abuse, and would
tighten requirements for clergy to report child sex abuse to civil
authorities.

Washington: Would extend statute of limitations on civil lawsuits and
tightens requirements for clergy to report child sex abuse to civil
authorities.