Prospects of justice are dim

GUAM
Pacific Daily News

Bill Pesch June 26, 2016

Justice denied. That just about sums up the possibility in Guam of pursuing traditional legal remedies against persons in position of trust who committed sexual crimes against minors years ago. This is the unfortunate reality facing the men who are accusing Archbishop Anthony Apuron of molesting them decades ago.

Why is the prospect of legal justice so dim? There are two main reasons. The first is an expired statute of limitations and the second is the lack of a “deep pocket.” Let’s look at both of these factors in some detail.

Those who molest minors face the possibility of both criminal and civil charges. The criminal charges can land the accused in jail, while a civil case can cost the suspect money. However, under the law, both criminal and civil actions must be filed within a specific period of time. This is known as the statute of limitations. With only a few exceptions, if you fail to file an action within the stated time, you forever lose the opportunity to pursue the matter.

The reason for statutes of limitation is based on common sense. With time, a case goes stale — witnesses forget or die, memories fade and evidence is lost or tainted. There is also the fact that victims, suspects and witnesses need to move on with their lives.

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