There should be no statute of limitations for sexually assaulting a child.

[MoonRiver]

As the law currently exists, Duggart, Hastert and their sick ilk get a full legal pass for molesting kids.

[VanillaRhapsody]

1. As far as I can tell....there isnt in the State of Illinois where this occured...

[MoonRiver]

2. Here are the exceptions in Illinois:

(a) A prosecution for: . . . any offense involving sexual conduct or
sexual penetration, as defined by Section 11-0.1 of this Code which the
DNA profile of the offender is obtained and entered into a DNA
Statute of Limitations for Sexual Assault Offenses

8
For any offense involving sexual conduct or sexual penetration where the defendant was within a professional or fiduciary relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of the offense may be commenced within 1 year after the discovery of the offense by the victim.
9
Ind. Code § 35-42-4-3(a) (Child molesting); Ind. Code § 35-42-4-5 (Vicarious sexual gratification); Ind. Code § 35-42-4-6 (Child solicitation); Ind. Code § 35-42-4-7 (Child
seduction); Ind. Code § 35-46-1-3 (Incest).
database within 10 years after the commission of the offense, may be
commenced at any time. Clause (2) of this subsection (a) applies if
either: (i) the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense unless a longer
period for reporting the offense to law enforcement authorities is
provided in Section 3-6 or (ii) the victim is murdered during the course
of the offense or within 2 years after the commission of the offense.

http://victimsofcrime.org/docs/DNA%20Resource%20Center/sol-for-sexual-assault-check-chart---final---copy.pdf?sfvrsn

It's legal speak, but I think there are still limitations.

[Princess Turandot]

5. Look at the row below the one you copied...

it says that 'Sexual abuse/assault against a minor' has an s.o.l. of '20 years after victim turns 18'.

Here's RAINN's Illinois page on SOLs for rape/sexual assault:
http://apps.rainn.org/policy-crime-definitions/index.cfm?state=Illinois&group=7

One factor with these laws is when they were enacted. For example, 'Criminal sexual act, first degree' in NYS has no statute of limitations now, but that only went into effect in ~ 2007 (I might be a little off on the year) and was not retroactive.

[66 dmhlt]

3. Well, except for a little constitutional thing called "Ex Post Facto" ...

That Illinois law was passed years AFTER Hastert committed his crime.

And it should be noted that the clock on the statute of limitations for minors generally doesn't begin ticking until they reach the age of majority.

[MoonRiver]

4. Not a lawyer, but those kids are probably way past the age of majority.

[nichomachus]

10. Might not apply

The law against child rape wan't passed after the fact. It was the statute of limitations that was changed. That has happened in other states, and the prosecution of the rapists was successful.

Had the law against child rape been passed after the fact, then you would be right.

[66 dmhlt]

14. No - Hastert Is Beyond the Statute of Limitations

Although the Illinois law was recently changed, it was NOT made retroactive:

The bill removes the statute of limitations for child sex abuse that occurs on or after January 1, 2014. The legislation is not retroactive; survivors are subject to the law that was in place at the time of their abuse. Similar legislation, Senate Bill 1399, also passed this session, removing the civil statute of limitations for sex offenses that occurred when the victim was under 18 years old.

(Emphasis added)

http://www.chicagocac.org/statute-of-limitations-2013/

[lpbk2713]

6. Particulalry while exploiting a position of authority.

That should carry a stronger sentence. Police, teachers, spiritual leaders, scout leaders, coaches ...

[HassleCat]

7. For all violent crime

We could say the same about all crimes where the victim suffers physical and emotional damage. Talk to a victim of an ordinary street mugging, and you will see what I mean.

[MoonRiver]

8. Agreed

If the evidence, supporting an indictment, exists, old or new (e.g. DNA) a prosecution should proceed.

[former9thward]

9. There certainly should be a statute of limitations.

Otherwise people could make false claims 30 or 40 years later just to extort money. Witnesses and other evidence needed for a defense may no longer be around.

[KingCharlemagne]

11. Your view, while 100% correct, will not be popular here. But I salute you for articulating it. Hope

you have donned your protective flame-proof suit.

[Humanist_Activist]

17. The lack of evidence would make prosecution impossible as well...

And if they are trying to extort money, it's the accusation that matters, not criminal law. Statute of limitations can'take protect you from false accusations that can ruin your reputation.

[jeff47]

12. Minors should still get one.

There's a reason we (mostly) have an entirely separate juvenile justice system. Minors, like Dugar, should not be treated the same as adults, like Hastert.

[KingCharlemagne]

13. Bullshit. See the McMartin pre-school case for why SoL are

absolutely vital, for this and every other felony statute. Civics 101.

http://en.wikipedia.org/wiki/McMartin_preschool_trial

[Sheepshank]

15. completely agree

especially since pedophiles need therapy to help get over such an addiction, and without that they likley go on and on with the abuse. I hear two schools of thought when it comes to "curing" pedophelia...and buth require restitution and a path for altered behaviours.

[One_Life_To_Give]

16. Depends Why one belives we have Statute of Limitaions at all

If you believe it is because after a certain passage of time it would no longer be possible to grant a Fair Trial. Then the alternative is granting the state the authorization to target/punish anyone at it's discretion.