Debate
I agree that there should be a statute of limitation for sexual assault. The nature of sexual assault makes the limitation laws a good idea. The limitations laws are better than carrying out a DNA test. Sexual assault is among the offenses that rely on memory on the incident rather than solid proof. The testimonials for eyewitnesses are ineffective in sexual assault cases (Braun, 2013). The statues of limitations can be effective even after three decades the victims can get justice. I support the formulation of states on limitations of sexual assault because the witnesses can lose memory or stories can be biased. There should be an exception to the limitation statues. In case there is evidence on a DNA test of the guilty person, then the statute of limitation cannot be used in the situation (Braun, 2013). The statutes of limitation for sexual assault are important protecting the victim’s rights.
Statutes of limitation for sexual assault are important in differentiating the kind of offense. Sexual assaults should be treated differently from other crimes. It is important to have laws that specify the consequences of sexual assault (Braun, 2013). For instance, the sexual assaults can be treated the same way as murder cases if there are no statutes of limitation. Murder and sexual assault are crimes but should be treated differently. Statutes of limitation will establish the type of crime and the ways it should be treated. They also describe the consequences of committing a crime.
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Statutes of limitation are needed to protect the victim. The laws protect the rights of the victims. The memories can fade away and the stories can be biased in case the victim claims for justice after a few years. Statutes of limitation can protect the victim in spite of the number of years the case may delay. The statutes of limitations protect the individuals who are suspected to be guilty of the offense but they have not committed the crime. The victim cannot present a case after many years without the statute of limitation (Fields, 2017). The evidence of memories and stories can be invalid after some years.
Statutes of limitation help the victim to get justice on their case. The individuals who are found guilty face prosecution with respect to their current conduct. It can be unreasonable to prosecute the guilty person after 20 or 30 years. The guilty individual could have changed their behavior. The victim should report the situation immediately for the guilty person to face the consequences (Mantel, 2014). The statutes of limitation assist the victim to get justice after enough evidence is presented to the court.
On the contrary, the statutes of limitations are not effective in giving the required justice to the victim. Statutes of limitations on sexual assault only prosecute the guilty person on getting jail terms or bonds (Beitsch, 2016). The victim will continue to suffer psychologically and emotionally for the rest of their lives. Some of the victims may suffer from depression due to the memories of the situation. In most cases, the sex victim is not satisfied with the consequences addressed in the statutes of limitation.
There should be no limitations for any offense. Statutes of limitations should not exist for any crime. Time cannot heal the wounds instigated by sexual assaults. Guidance and counseling can be effective in healing the victim’s wounds. The victims also need support from the community for them to heal. Statutes of limitations can be viewed as a form of protection of the victim from another assault. The guilty person serves a jail term for a period of time where they change their behaviors. The separation of the guilty person and victim of the assault contributes to partial healing (Taormina, 2016). The victim cannot get full recovery.
In conclusion, I agree that the statute of limitation on sexual assault should be formulated. The victim of sexual assault gets justice on time because the guilty person is prosecuted after enough evidence has been collected. The victim can get justice after a period of time because the statutes of limitation are written records. Evidence can be biased or the eyewitness can forget some events.
Annotated Bibliography
Beitsch, R. (2016). High-Profile Cases Spur States to Reconsider Statutes of Limitations for Rape. Retrieved from https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/05/18/high-profile-cases-spur-states-to-reconsider-statutes-of-limitations-for-rape
Beitsch describes cases on sex assaults and critiques the present laws. Her ideas are clear and precise. She advocates for the elimination of sexual assault and rape laws. The author presents statistics and views of citizens that support the abolition of sexual assault regulations. Beitsch gives a description of the reasons for eliminating the sexual assault laws. The scholar includes the views of advocates on the laws. The article is helpful in my debate because it supports the argument on the removal of statute laws. I will retrieve information on the ineffectiveness of the sexual assault laws on the victims.
Braun, K. (2013). Legal Representation for Sexual Assault Victims-Possibilities for Law Reform. Current Issues Crim. Just. , 25 , 819. Retrieved from http://web.b.ebscohost.com/ehost/search/basic?vid=0&sid=47e3057f-af30-4eb1-bd0a-d112218801f2%40sessionmgr120 |
Braun describes the reasons for having the statute of limitation for sexual assaults. The author presents his ideas in a clear and logical manner. Braun explores the idea of giving the sexually assaulted victims the rights to express their grievances in the court. The author claims that sexual assault laws improve the experiences of the victims in the justice structure. The article is helpful in providing information on the reasons for establishing and enforcing sexual assault laws.
Fields, S. E. (2017). Debunking the Stranger-in-the-Bushes Myth: The Case for Sexual Assault Protection Orders. Wis. L. Rev. , 429. Retrieved from http://web.b.ebscohost.com/ehost/search/basic?vid=0&sid=47e3057f-af30-4eb1-bd0a-d112218801f2%40sessionmgr120
Fields gives an in-depth description of the myths related to sexual assaults and the need for having laws that protect the victims. The ideas in the article are clear and specific. Field identifies the failure of the criminal system to prosecute the guilty individuals. The author presents a proposal on improving the sexual assault laws for the citizens to get justice. The article is a reliable source of information because I will retrieve information on the need for the statute of limitation on sexual assaults.
Mantel, B. (2014, October 31). Campus sexual assault. CQ Researcher , 24 , 913-936. Retrieved from http://library.cqpress.com/
Mantel focuses on the sexual assault cases in colleges. The author presents the cases in a vivid and logical manner. The cases describe the ineffectiveness of the laws on the guilty individuals. The author suggests the remedies on using the laws for the students to get justice. The article is a credible source because it provides information on the importance of using the statute of sexual assault. Taormina, N. (2016). Not Yet Enough: Why New York's Sexual Assault Law Does Not Provide Enough Protection to Complainants or Defendants. Journal of Law and Policy , 24 (2), 6. Retrieved from http://web.b.ebscohost.com/ehost/search/basic?vid=0&sid=47e3057f-af30-4eb1-bd0a-d112218801f2%40sessionmgr120 Taormina focuses on the weaknesses of New York’s sexual assault laws. The author uses the case to assess the weaknesses of the New York law. The ideas in the article are presented in a clear and concise manner. The author identifies the weak areas and makes a proposal on the changes that need to be made on the law. I found the article was a good source of retrieving information on the argument against the establishment of sexual assault laws. |