Sex Abuse Fight Doesn't End with Conviction
By Steve Theisen
Steve Theisen is the director of the Iowa chapter of Survivors Network of Those Abused by Priests. The July 1st Courier editorial, "Child sexual abuse convictions a win for children everywhere" with the accompanied editorial caricature, was indeed encouraging for sex abuse survivors, their loved ones, and children. (Penn State University assistant football Coach Jerry Sandusky convicted and former Philadelphia cardinal’s aide found guilty of endangering children). But to further protect children and to stop predators, we, as a society cannot stop there. Because sex offenders are shrewd and cunning, we need to do everything possible to enable sex abuse victims to come forward, expose predators, and protect kids. We know it’s safe for legislators to "get tough" with child molesters and pass laws restricting their activities, movements, and putting them on a registry but that is far from what is needed. Sexual abuse of children, teens, and vulnerable adults by males and female perpetrators is a crime that crosses all ethnic, cultural, religious and economic strata and custom. Incest, as the editorial stated, is the most prevalent. Too many are unaware that reliable studies show that at least one in five children has been sexually abused before their 18th birthday. Many researchers believe these figures are conservative. That’s 20 percent of the population — each generation! Imagine what adults would do if one in five cars were stolen or one in five homes were burglarized. If we can’t listen to the horrific details of the sexual abuse of children and if it makes us uncomfortable, how does one think the child victim feels? And how does the child victim deal with arbitrary time limits for filing cases? Have you ever heard of an 8, 9, or 10-year old who walk into a police station to report sexual abuse? Pedophiles don’t retire. Our legal system has been constructed to favor the adults at the expense of the children. Nationally, there is an increasing movement for victims of child sex abuse and Iowa needs to join that movement for the safety of children. We have a legal and social system that has permitted predators to control and abuse the defenseless. No more than ten percent of victims ever get to court before the statutes of limitations have expired, and as a result, the criminal’s decadent behavior is concealed and perpetrated on even more children. Why does it take a kid so long, to say he/she was abused? It’s a good question; a question that few understand or don’t wish to understand. Fear, misplaced guilt and shame prevent the abused from reporting. As the Courier editorial stated, "the embarrassment and shame caused important public institutions is far, far outweighed by anguish and suffering of victims who have carried the burden of this violence for years, even decades." The straightforward solution is to eliminate the criminal and civil statutes of limitations for child sex abuse and to open up a two year "window" to allow the exposure of present day predators. There are a myriad of studies establishing that child sex abuse victims typically cannot comprehend what has been done to them, or how it will affect them in later life, for decades. Those that do come forward find themselves barred by the statute of limitations. With our current restrictive statute of limitations, victims are denied the opportunity to seek justice and expose predators and those who enabled the predators. The statutes of limitations are woefully lacking and act as an irregular barrier to justice. In civil suits the standard of proof is much lower than criminal convictions. A criminal conviction requires a jury to conclude someone is guilty "beyond a reasonable doubt." In a civil case, however, jurors must believe only it is more likely than not that the defendant committed the act. In civil law, the plaintiff bears the initial burden of proof. If the victim can only put forward his/her uncorroborated statements, then it will be extremely difficult for justice to be served. Sexual predators have been operating under a cloak of anonymity. The exposure of those responsible for the abuse and/or their enablers will protect Iowa’s children. No child is immune but too many of us want to bury our heads and not talk about this epidemic. What if 20 percent of children were stricken by a disabling disease, would we still bury our heads in the sand or call for action? The reality is childhood sexual abuse has reached national epidemic proportions. The economic and social impact of these crimes is massive. As taxpayers, we spend more than $103 billion each year on costs associated with child abuse. Child sexual abuse is at the root of many societal problems. Sexual abuse touches every facet of life: loss of trust, low self-esteem, shame, guilt, depression, eating disorders, substance abuse, suicide, promiscuity/ prostitution, and other psycho-behavioral issues. What if we had just 10 percent less in prison, 10 percent less divorces, 10 percent less OWI’s, 10 percent more able to hold gainful employment, etc? What would the financial savings be? Iowa state representatives and our governor need to eliminate the arbitrary statutes of limitation and "open a window" so past and present survivors can get into court to identify their predators and protect today’s and future children. "We must be vigilant in preventing this most heinous of crimes within our churches, schools, nonprofit organizations, and yes, the most basic element of our society — the family." Victims rarely fabricate their abuse. When the 2003 California statute-of-limitations "window" was enacted, only .005 percent of claims were found to be false and they were quickly disposed of. Statutes of limitations were designed to prevent miscarriages of justice; but in the case of child abuse it promotes miscarriages of justice for the victims and protects predators. Institutional and insurance interests will always trump the safety of children unless we do something about it and soon.
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