September 1, 2007
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Statute of Limitation
Texas just passed a law that extended the statute of limitation on cases of child abuse. H.B. 959 gives a child additional time to report the abuse. The new statute of limitation is 10 years from the child’s 18th birthday.
The thinking is that some of the children were still living in the parent’s house and needed time to report the crime. Here is the link: Link
Should there even be a statute of limitation on child abuse?
Comments (63)
I don’t think there should be a
statue of limitation on child abuse.
What justice is that?
no
Hell to the no there shouldn’t be a limit. There are people who go through their whole lives with abuse. No one should make them suffer without justice because they’re past the limit.
No, I don’t think so.
Any reason for the font change?
No, I think you should be able to report it at any time.
It seems the decision to even have such a statute has more to do with Administrative and Financial reasoning from the judicial perspective. If the statute is removed suddenly, the judicial system will be overloaded.
Personally, I am against such statute. But, I don’t think the current system can handle such an overload of cases by removing the statute.
No, although I am all for smacking your children for talkin’ back.
hmm I agree with everyone above, but they need to realize some of the background as to why people are saying this.
People are sick, and could use that to take advantage of people when they are older and get some free money through a law suit that some one “abused them”
the limitation would make it so they couldnt just do it whenever.
But I’m not acting like thats a real strong argument for the other side, but I do understand where they are coming from.
Personal I dont mind the idea, but then again I might have stronger views if such a situation had affected me personally so who am I to judge?
Yes, if the perpatrators are dead at the time the child abuse is reported then there is really no reason for it–nothing can be gained.
Anyway, I think that this statute makes sense.
hells no.
I think that is a substantial amount. Really, after that much time had passed, how accurate are the details in your memory? What evidence is left to prove? Why would someone wait longer to seek justice? There would have to be some limit or sick people would start making things up. Think of the people that have to investigate these cases, especially since nowadays calling child protective services is the newest form of mudslinging in a family dispute. Don’t like your neighbor? Call CAS and start some problems…
No, for what should that be good?!
No, it may take time for them to feel safe to report it.
No! Actually… I’m kind of shocked to learn there is. D:
No, cuz sometime a child would have blocked it out. As they get older the images pops in their head about what happen to them when they were younger.. It would allow them to report it later.. What if more and more children comes out and confessed.. DA can tally it up and use it against that person without worry about that status of limitation run out.. Sometime evidence show up years later with better technology that can prove that he/she was the one who did it.. Especially with the DNA didn’t first come out while back but now we are using it for evidence.. I would think that as in a same concept.
There should definitely be a difference in how evidence is considered during the trial after 10 years. I’d say there’s a much greater need for physical evidence and testimonies from witnesses when the abuse occurred that long ago. Repression is a myth.
Isn’t there a limit to credible evidence? It would be a his word vs. hers trial if it takes 15 years to take the case to trial.
I don’t think so…
I don’t think there should be one on rape either.
I agree with perseyownz‘s take on it.
I think that 10 year deal is pretty sufficient considering memory loss, lack of consistant evidence, etc. I might say 20 years past 18 would be more ideal than 10.
No
The same statute of limitations as murder would be good. None
DrCarasco is right though, while there should be no statute of limitations on child abuse, the chance of the evidence still be good is slim after a lone enough period of time.
And one persons word alone, against another persons word, is never good enough.
NO!
Absolutely not.
No.
hmm things are slow over holiday weekend. Quite a small number of comments for being up so long.
Yes, there should.
No, no, no, absolutely not! Why would you possibly want that?
And it’s a statute, not a statue. Haha.
Yes because if a person who is 17, 18, or 28 doesn’t have the balls to report it, then they should deal with it themselves. I don’t understand why those abused people don’t grow a set of balls and learn to fight back or call the cops. They can even MOVE, but that thought never crosses their mind. Weaklings.
No!
What about people who are just looking for a quick buck from there parrents?
I could see it now. “Fuck you dad! You locked me in my room for 6 hours! Give me money!”
Yes because if a person who is 17, 18, or 28 doesn’t have the balls to report it, then they should deal with it themselves. I don’t understand why those abused people don’t grow a set of balls and learn to fight back or call the cops. They can even MOVE, but that thought never crosses their mind. Weaklings.
<LI class=itemtimestamp>9/1/2007 8:35 PM
<LI class=itemsubmitter>Cornflake_Girl8 (message)
I love you…. Marry me?
…what?
ive never seen a statue of limitations. as for a statuTe of limitations, it depends on what you call abuse, are we going to be sending senior citizens to jail for spanking their kids?
no, that is the reason I was not able to prosecute.
no, but i understand why they do it: case overload and lack of evidence.
ps. Child abuse isn’t only spanking, and it isn’t always family.
No, but at least they extended it.
I will say no – but then it would suck to be 60 and your child gets mad and claims you abused them… there would be no evidence and it is likely that they would believe the accusor over the acussed.
Daniel (doubledb)
You are a fucking retard, cornflakegirl.
It’s actually Statute of Limitations, Dan.
No, nor should there be one on any kind of sexual abuse, either. Sometimes it is too scary to report it at the time, or there is a direct threat from the abuser not to say anything.
I agree with the majority. I do not think that there should be a statue of limitation when it comes to child abuse. Even as victims mature into adults, they may still be living in fear of their abusers. Feelings of shame and guilt may still haunt them. It takes a lot of courage to be able to look your abuser in the face and confront them about the things that they’ve done, not to mention to press charges against them. That means that you’re admitting that it really happened…many victims just hope to “forget.” It could take years to muster the strength to drudge up and face such painful memories. They should have every right to all of the time they need.
In regards to your post yesterday, did your son win the race?
Amen to what GunStarHero said.
It truly varies for everyone on how long it takes to admit these problems, so a standard time limit doesn’t make sense to me. Although most people will do it within the first ten years, there’s no reason why after ten years justice should just disappear.
-David
GunStarHero
You are a fucking retard, cornflakegirl.
Ha! I was thinking of posting a rebuke, but you did it for me. =)
“Yes because if a person who is 17, 18, or 28 doesn’t have the balls to report it, then they should deal with it themselves. I don’t understand why those abused people don’t grow a set of balls and learn to fight back or call the cops. They can even MOVE, but that thought never crosses their mind. Weaklings.”
Holy shit woman, chill the fuck out. As if you can somehow know every circumstance of every abuse case. Mental trauma is a very powerful psychological fact, and not to mention, threats continue afterwards from the abusers.
I have some sort of primal urge to go further into this and write out an essay but I feel like I’m wasting time responding to you, so I’ll stop here.
-David
“ps. Child abuse isn’t only spanking, and it isn’t always family. ”
my point being, spanking isnt abuse. if you are going to make it easier to prosecute a vague term like “abuse” you need to narrow it down, have a set definition of what abuse is. otherwise you will have people trying to prosecute for no reason using extremely broad deffinitions for abuse. “i got sent to bed with no dinner waaa” “i didnt get desert when i was bad” “i was made to feel guilt and shame by being sat in the corner” and just like people who falsley report rape when the real problem is buyers remorse, you will have people cheapening something that should be taken very seriously.
It’s a statute of limitations not a “statue”.
I don’t think so.
O MY GOD
No. But really, how much help are you gonna get if you say that something happened 30 years ago?
I think GunStarHero said what we were all thinking….or at least some of us.
There shouldn’t be a statuTe of limitations on it. Leave it up to the jury to decide whether or not the charges are compelling.
YES!!!!!!!
Because….. some children grow up well over 30, get into a fight with their parents, thus much more cruel, evil, and clever..and wants to hurt their parent. An easy way is to bring up something wack as child abuse and blame it on them being a child, scared, and naive.
10 years after the legal age of 18 is ample time to be Grown Up and Speak Up. They should speak up asap and after you are 28… come on now…..it Must not have been something horrible if they cant even stick up for themselves.
Good luck proving it 20 years after the fact.
Despite popular belief there are those few abusers who can be, and have been, rehabilitated. Yes, there should be the usual seven years statute of limitations. Murder being the only exception. THAT SAID : If the accuser can bring forth others who have been victimized up to a time where the statute has not run out, even up to the time they themselves have come forward, then they should be able to include thier own complaints against the accused, even when that complaint has run its course and they would not NORMALLY be able to file thier complaint. In this way both the accused and the victim have a chance at justice.
Reformation is a choice, whether it be from alcohol, drugs, gambling, or any other form of addiction. It is not easy, nor is it painless, but it is possible. Everyone has a chance of redemption, it is only a matter of choosing to accept that opportunity.
An abuser often does not recognise thier actions as abusive. They think that beating a child ( I’m not talking a swat to the posterior here ) is discipline or molesting them is to show how much they are loved. An abusers mind is twisted for whatever reason, but it can be reformed. Again, the abuser must make the choice to accept that opporunity.
I know what the abused go through, I’ve been there. Having a violent childhood, I have been abused and molested. It’s well past the ten years of my 18th birthday, but I do not think I would file charges against those who have done me wrong. I have come a long way since then and I accept my hardships as a part of my life. I choose everyday to let my experiences strengthen me. I ask the Lord to guide me and counsil me as I walk this lifes journey. I have forgiven my abusers and put that life behind me.
Okay, so someone abuses a child when they’re 8, and then twenty years later they can be accused of child abuse?
Are we talking sexual? Or are we talking harsh spankings that result in bruises?
There is a very large gray area involved here.
Hmm…Good Question.
no.
HELL NO.
I wish there wasn’t…I forgive the person that attacked me when I was 5, but I wish the law was able to track him down and make sure he had no other victims.