Re: Catholic Church reverses course on bill to eliminate statute of limitations on sex abuse of minors

> In the same way that justice requires the accuser, (or one acting on the 
>accuser's behalf in the context of crime), bear the burden of proof, justice 
>also requires a statute of limitations.


>How so?<

Because of the burden of proof.  Realistically the longer it takes to bring 
charged the less evidence remains, and the very real probability that the only 
evidence that will remain, if there is no cut off point, is the word of the 
accuser.  Abuse charges are such all it takes is an allegation to destroy 
someone's life and in a very real sense those charged with it already bear the 
burden of proving their innocence.  


At some point the balance should tip in favor of protecting the innocent from 
having their lives ruined by false allegations at the expense of some true 
allegations never getting prosecuted, (civilly or criminally).  It is the same 
theory of justice that says it is better for 100 guilty to go free than one 
innocent to be wrongly convicted-one can argue about the numbers but I think 
most agree with the fundamental principle involved.  


A just system, an earthly one at least, must err on the side of protecting the 
innocent and statutes of limitations are created for that very purpose.


>Well, sure, if my bishop has been falsely accused, then he has been falsely 
>accused and life has been made infinitely more difficult for both him and his 
>archdiocese.  So if it were impossible to press charges, now, for something that 
>allegedly happened in the 1980s, perhaps life would be a bit easier for everyone 
>now.  Then again, perhaps not.<

Well, as they say "hard facts make bad law".  I think** a fair statute of 
limitations for abuse claims is adulthood plus whatever the current statute of 
limitations is so that if the statute of limitation for a sexual assault is 6 
years, once a child reaches adult hood they would have 6 years from the date of 
majority to legally bring their allegations.  


Mike F.

** That's off the top of my head.  You should have some semblance of scientific 
data to come up with time limits.

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