UNITED STATES
National Catholic Reporter
Thomas Reese | Jun. 16, 2016
A number of states, including Pennsylvania, New Jersey, and New York, are considering extending the statute of limitations dealing with the sexual abuse of minors. It is a well-documented fact that many victims of abuse do not come forward until long after their abuse occurred.
While a statute of limitations serves a reasonable purpose by preventing prosecution and litigation over actions in the distant past where witnesses, evidence, and alibis are missing and memories are foggy, it is galling to see criminals escape justice on a technicality.
For criminal prosecutions, modifying the statute of limitations is only constitutional for future crimes. In the United States, we cannot extend the statute of limitations for crimes committed in the past.
Civil suits are a different matter. States like California, Virginia, Minnesota, and Delaware have extended the statute of limitations for civil suits against the church when church officials did not protect children from abuse by priests. Often the legislation provides a one- or two-year window during which victims can sue the church for cases that under current law would have been disallowed under the statute of limitations.
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