Child Sex Abuse Laws Challenged
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Updated: 4:57 PM Sep 19, 2003
Child Sex Abuse Laws Challenged
Statute of limitations under fire
Advocacy groups and victims pleaded with lawmakers on Friday to extend or abolish Nebraska's statute of limitations for charging people with sexually abusing children.
Posted: 4:57 PM Sep 19, 2003
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Advocacy groups and victims pleaded with lawmakers on Friday to extend or abolish Nebraska's statute of limitations for charging people with sexually abusing children.

"The effects of childhood sexual abuse are immense," Christine Biermann of Omaha told the Legislature's Judiciary Committee. "It can affect your life in every aspect and on a daily basis, even many years, decades, after the actual abuse has stopped."

Nebraska laws require sexual abuse charges involving a child to be filed within seven years of the crime or within seven years after the victim turns 16.

Biermann, who said she was abused as a child, said child victims are often too frightened, embarrassed or ashamed to report such crimes.

In Biermann's case, she told no one about her abuse until she became depressed after giving birth to her first child.

"As a child ... I stuck the feelings deep inside of me and went into denial," she said. "It just hurt too much to think about it."

Since the Roman Catholic Church became embroiled in a sex abuse scandal in recent years, more than 300 priests have either resigned or retired because of decades-old allegations of wrongdoing.

But prosecutors have been unable to seek criminal charges in most of those cases because the statutes of limitations had expired.

Just 13 states have no statute of limitations for such crimes, according to the National Conference of State Legislatures.

"Research on sex offenses and their victims supports lengthening, or even eliminating statues which limit the ability of the state to prosecute people that commit sexual crimes," said Kristen Houser, of the Nebraska Domestic Violence Sexual Assault Coalition. "The majority of sex offenders commit multiple offenses
throughout there lives.

"It is in the best interest of public safety to allow all sexual assault victims to name their perpetrators when they feel safe, supported and prepared to handle the rigors of the criminal justice system," she said.

In June, the U.S. Supreme Court ruled that the government cannot retroactively erase statutes of limitations.

On a 5-4 vote, the justices struck down a 1994 California law that allowed prosecutions for old sex crimes. It was challenged by a 72-year-old man accused of molesting his daughters when they were children.

Justice Stephen Breyer, writing for the court, said the Constitution bars states from revising already-expired legal deadlines.

Statutes of limitations vary by state and by crime. They range from one year for minor crimes to no limit for murder.

Friday's hearing was part of a study asked for by Senator Nancy Thomson of Papillion.

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