Saturday, February 16, 2008

Another Reason Statute Of Limitations On Rape Are A Problem

From KIMA TV:

Former Yakima School of Karate instructor Paul Daniel Barr was back in court Friday to get 3 out of the 5 counts revised. According to prosecutors, the statute of limitations for two counts of child rape and one count of sexual exploitation of a minor had run out. The law provides that an alleged victim must report the crime within a certain amount of time after the incident or just a couple years after the reporting party turns 18-years-old.

Barr will instead be charged with indecent liberties and two counts of voyeurism. He still faces life in prison if found guilty because two of the original child rape charges for one victim has not changed.

The Washington state statute of limitations for rape which still includes a provision that rapes of adults and most teenages must be reported within 1 year needs to be eliminated. There are many situations where teens and adults do not feel safe reporting rape within that first year. This requirements allows rapists in Washington state to breathe a sigh of relief one year and one day after rape and effectively reduces the statute of limitations to one year for many rapes including my own.

That is unacceptable.

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posted by Marcella Chester @ 1:58 PM   6 comments links to this post

6 Comments:

At February 18, 2008 4:58 PM, Anonymous JadeWolf said...

A statute of limitations on child rape charges is a horrible, horrible idea, and I don't see how *anyone* could justify one as short as a year! Well, I do see how that can happen, but I'm really mad about it anyway.

 
At February 18, 2008 5:40 PM, Blogger Co said...

Limitations of Prosecutions....Statutes of Limitation refer to civil actions...sorry, I work in legal.

 
At February 18, 2008 9:14 PM, Blogger Mickle said...

A year? Damn, that's a really short time. My father is a dean and he just dealt with a student who asked to wait several months (until the end of the semester) just to officially report something a lab tech said. There are just too many obvious reasons why someone might feel that it's not safe in the near future to report a rape; a year is a ridiculously short time to allow them to get out of that situation.

 
At February 24, 2008 9:54 PM, Blogger AngryMom said...

a 14 year old girl is drugged into unconsciousness and raped. The rapist, Dan Barr, takes pictures of her. She has no memory of the rape or photos.

But since the rape occurred over a year ago Mr Barr gets off with no charges.

I am outraged! the police have the photos. Why is this man not charged with production of child porn? How can the prosecutors and folks in charge of Washington State laws live with themselves?

 
At August 19, 2008 7:54 PM, Anonymous Anonymous said...

There should be no limitations on prosecuting. I am a survivor of rape and domestic violence. And this goes to all the ladies who are or have gone thru it. Stand up for yourself and others and put these psychos behind bars! If you don't- then others who are raped and possibly murdered after you... is part your own fault for not protecting future victims. I understand if you can't remember due to drug dosing or you mentally blocked it out- but some day when you are ready- it will come back for you to deal with. And you will remember it... Trauma events are not erasable nor is these actions excusable- ever... Don't support the felony! Help yourself and others be safe... I learned that if someone who was a prior victim would have prosecuted and put him in prison... I wouldn't have been a victim by his hands... So think about it... do you really want your daughter, niece, mother, sister, cousin, friend or neighbor to go thru what you did? Can you really live with yourself knowing that you are condoning this behavior by not prosecuting? What do you see when you look in the mirror? A survivor or an abettor? Who could you save besides yourself by standing up for your rights? Rape is about control! And the psycho who did that to you does not own you! You own you! So stop being scared! And don't give him that control over you! I will leave you with these Quotes from a First Lady in our history:

Remember, no one can make you feel inferior without your consent. -Eleanor Roosevelt.

You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face. You are able to say to yourself, 'I lived through this horror. I can take the next thing that comes along.'You must do the thing you think you cannot do. - Eleanor Roosevelt.

Women are like teabags. We don't know our true strength until we are in hot water! - Eleanor Roosevelt.

People grow through experience if they meet life honestly and courageously. This is how character is built. - Eleanor Roosevelt.

Learn from the mistakes of others. You can’t live long enough to make them all yourself. - Eleanor Roosevelt

When will our consciences grow so tender that we will act to prevent human misery rather than avenge it?
- Eleanor Roosevelt

You have to accept whatever comes and the only important thing is that you meet it with courage and with the best that you have to give. - Eleanor Roosevelt

 
At August 19, 2008 10:55 PM, Blogger Marcella Chester said...

Anonymous, I wish all survivors had a police force where victims could be confident that their reports will be taken seriously and then investigated promptly and professionally.

And I wish all police forces and legislators were aware of the backlash rape and abuse victims can face so that anyone who attempts witness tampering will be dealt with as criminals.

Unfortunately, many investigators turn on victims and deny them any chance of justice. This includes accusations that valid reports are false. So I cannot fault any rape or abuse victim for not reporting.

 

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