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IL: Bill could end statute of limations for child sex offenders

Attorney General Lisa Madigan wants to erase the statute of limitations allowing felony child sex offenders to evade justice. Madigan’s office represents the people of Illinois in criminal cases, and described why it can be so difficult for some victims to come forward. Full Article

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  1. Jo

    “They’re very dangerous, and with children, it will come as no surprise that it is almost always somebody in a position of trust,” she says.

    Don’t you just love how when it’s convenient to roll out that little nugget of truth and yet when it comes to registries and proximity this statement is nowhere to be found.

    By the way this is dangerous! Evidence from 20,30 years later would be difficult to substantiate and really opens the doors for false allegations.

  2. Chris F

    Per my lawyer named Wikipedia:

    “The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their existence:

    A plaintiff with a valid cause of action should pursue it with reasonable diligence.

    A defendant might have lost evidence to disprove a stale claim.

    A long-dormant claim has more cruelty than justice.”

    Obviously, less important crimes need very short statute of limitations to not waste everyone’s time and money as well to give incentive for timely addressing them.

    The worst crimes, murder and treason, don’t have a statute of limitations but still must meet standards of proper evidence that could be inadmissible if dealt with after too much time.

    If they also go as far to remove the statute of limitations on sex crimes (many states have already) , then they are saying the crimes are equal to murder to warrant such an extreme. The problem with this is the same as the problem with giving the death penalty for a sex crime. You now are telling the criminal that it doesn’t matter if they rape or kill, the life long consequences are going to be the same, so you might as well kill the victim and give yourself a better shot at the state not having enough evidence or witness to prove their case.

    These extreme reactions and laws do not make us safer. I would think the time and money spent on these cases could be better spent on prevention, rehabilitation, and victim therapy.

    • Lovecraft

      I agree with what you are saying. Removing the criminal statute of limitations can pose a whole host of problems. The even bigger problem that usually accompanies these types of laws shortly thereafter are the removal of statute of limitations for civil cases. I have an even bigger problem with these laws.

      Could you imagine finally getting your life in order, getting a good job, or maybe even having a streak of luck like winning the lotto only to have a huge chunk awarded to a defendant decades after an offense. This is especially cruel for people with cp charges because you could have multiple “victims”. Masha’s law is a federal law that was put into place in 2006 that allows cp viewers, downloaders, and distributors to be sued in civil court for up to 140k a victim if i remember correctly.

      Most lawsuits i have noticed occur against defendants with federal charges and some are settled out of court for much less or sometimes dropped. Regardless this indefinate amount of time some states allow for civil cases is just plain wrong. The message i get from this is if the registry isnt enough to keep you down we have another way to keep you poor and oppressed via civil lawsuits just to make sure you can never get on with your life. Sorry for the rant I just really hate them changing statutes on things especially those with an ex post facto kind of effect.

  3. Eric Knight

    Note that not one word was mentioned that one of Hastert’s “victims” (put in quotes as there is no full legal proof, though I’m not discounting Hastert’s actions one iota) was blackmailing Hastert and was actually investigated for that crime. The Feds conveniently decided, though, that the “victim” was NOT extorting Hastert, even though under any other circumstance that would involve payoffs of this nature would easily be prosecuted as such.

    The only reason that the scheme was found out was because the bank reported that Hastert was “structuring” payments. Had the bank not reported it, the “victim” would still be extorting Hastert to this day.

    I submit that “Scott Cross,” the “victim” in the story, is also “Invididual A” in THIS story (http://www.latimes.com/nation/politics/la-na-dennis-hastert-20160410-story.html) which explains how the extortion was done (even though, again, the feds conveniently do not call it “extortion” or “blackmail.”

    Having said all of that, I’m surprised that the Feds haven’t taken up the case and charged Hastert. I don’t believe they have statute of limitations anymore on child sex cases.

    • Prosecutorial discretion?

      Is this where prosecutorial discretion comes in? Amazing they don’t find it is extortion by definition (which it fits). Is it because of the two people involved and someone felt generous one day to turn a blind eye?

      • Eric Knight

        Any law that impacts RSO’s always do it negatively. Case in point, a man who claims he was molested as a kid assaulted his purported attacker IN A NURSING HOME. http://www.cnn.com/2012/07/05/justice/california-priest-assault/ He went to court on the assault charge, and the judge allowed all other alleged victims to testify. He was found not guilty, and crowed about it. In short, he assaulted someone, then ran his assault victim through the court of public opinion. MORAL OF THE STORY: If you claim you were molested as a kid, you get to maim or kill your “oppressor” without penalty decades later.

  4. Tamara Tomas

    I want to know how to help change laws. Each case should be looked at individually. One sentence does not fit all. I have a son convicted of sexual assault against his girlfriends daughter for a crime he did not commit. He was charged in Aug. 2008, and did not go to trial until Sep. 2014. Well over 6 years later. In those 6 years he continued living in the house he bought when he was 22, continued going to work everday as a journeyman technitian, school bus stops directly in front of his home each day for elementary, middle,and high school. He was of no threat to anyone. Our first attorney begged us to take a plea deal, as he says 1 out every 3 people imprisoned for this is innocent, but they take the plea deal to avoid what could happen if we go to trial. Next attorney said this was a highly defensible case, but he held onto our evidence for years but forgot to give share the evidence with the prosecutor, so judge disallowed it. We are fighting for his life in every way possible. The accusor told me she could make other kids cry just by the way she looks at them. Do I believe there are monsters out there? Yes..but what about the ones that are not. In this day and age there are people out there who know exactly what to say to ruin someone’s life, and they do not care how they impact anyone’s life. Yes, yes,yes, laws need to be changed. My son’s life should not be over because of this. My son was sentenced to 32 years for something he did not do. Before you pass judgement too harshly I urge you to stop and think for just one moment….What if this happened to you or your child?

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