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Statute of Limitations for Child Sexual Abuse Offenses: A Time for Reform Utilizing the Discovery Rule

NCJ Number
122640
Journal
Journal of Criminal Law and Criminology Volume: 80 Issue: 3 Dated: (Fall 1989) Pages: 842-865
Author(s)
D M Bharam
Date Published
1989
Length
24 pages
Annotation
This article examines State laws that grant discretion to courts to suspend the tolling of statute of limitations on child sexual abuse crimes until discovery of those crimes is made.
Abstract
Many child sexual abuse cases cannot be prosecuted because the victims report the crimes after the statutes of limitations have expired. Many States have amended their laws by implementing new exceptions to toll the running of the limitations period and extending the time available for prosecution. The procedures and exceptions used by individual States to extend the statute of limitations in child sexual abuse cases are discussed in detail. The article proposes that State legislatures adopt laws that suspend the tolling of the statute of limitations until discovery of the child sexual abuse offense had been made by a third person not party to the offense. 140 footnotes.