In 2020 I spent a lot of my time observing the investigation in case #20-p06702. In observing this process I noticed several flaws in the way we go about these cases. Unfortunately, removing this statute would do nothing for this case specifically, so I will not be further elaborating on most of those flaws. However, I can focus on one major flaw and use my experience from this case to make a change for a better process for future victims. When this man was arrested, there were 7 cases against him. Thanks to the statute of limitations and its application to this case, there are now 2.

According to the 4th edition of Halsbury’s Laws of England, the purpose and effect of statutes of limitations are to protect defendants and there are three reasons for their enactment: 

1. A plaintiff with a valid cause of action should pursue it with reasonable diligence.

In a case regarding developing minds, due diligence should not be necessary. These people need time to adjust to their reality.

 2. By the time a stale claim is litigated, a defendant might have lost evidence necessary to dispute the claim. 

In most cases, this gives the defendant plenty of extra time to acquire and dispose of concrete evidence. I saw this firsthand with the defendant in said case, as he pulled out all of his laptops in a panic and wiped them clean after getting word of the investigation. The victims however still have no choice but to live with the evidence engrained in their memories.

3. Litigation of a long dormant claim may result in more cruelty than justice.

Litigation of a long dormant claim in the case of child abuse is necessary. By exercising this statute in these cases; we’re throwing out multiple opportunities for justice and allowing far more room for cruelty on the victims end.  

         A statute of limitations sets in place an allotment of time in which a plaintiff can file a claim, in the state of Idaho a statute of limitations is amended to section 6-1701 as a tort action to defendants regarding child abuse and child sexual abuse cases. This statute of limitations gives the victim of a crime 5 years to come forward once they’ve turned 18. The second they reach adulthood the clock is ticking for them to make sense of their situation, tell somebody, and muster the courage to take legal action. At that point it still can take months for someone to get their case off the ground, leaving them nothing to do when that time does pass. For a child going through abuse, especially from an adult perpetrator, that’s the only reality they know. Children are especially resilient and will adapt to this lifestyle as normal. It’s not until they become adults that they’re allowed to make decisions for themselves, learn how their peers grew up and start to mark the differences. They have to completely dismantle the truth of life they made for themselves in order to survive, and start anew. These children have already lost years of their lives due to the fact that they were focused on survival, and with this statute in place we’re taking away their first chance for justice so they can focus on thriving.

      For these reasons I do not see due diligence as necessary as delayed reporting is not only normal but should be expected. There are other states in the US (7, to be specific) that have recognized this and removed the statute as pertaining to rape cases. This statute of limitations clearly does not apply to these type of crimes and therefore should be removed. By signing this petition you are declaring you’d like to see change. Use your voice, speak up for the unheard, the silenced, and those who were denied justice. We can create a safer future for our children!