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"Thanks to you for your courage, Elizabeth"

- Linda Fairstein, Former NY County Prosecutor and Best-Selling Crime Novelist

 

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april 4, 2010

My response to Rep Alice Wolf :
 
Alice,
Thank you so much for getting back to me regarding House Bill 1523.  I would like to clarify - I am in no means interested in the civil side of the law.  I am interested in the statute of limitations placed on the crime of rape in our criminal courts.  The Committee has not repealed the statute.  The Committee certainly has been requested to do so several times, especially in the last 5 years, but for some reason seems resistant to the information provided to them.  The law as it stands today, allows a 27 year window to report the crime of rape for any child under 16. 
Most laws in the Commonwealth define a minor as anyone under the age of 18, so why would one of the most important laws governing our children (aka minors) be cut off at the age of 16?  Which is technically 15 because the law states "below the age of 16". 
I am living proof that this time limit the legislation has so arbitrarily placed on the public is counterproductive to making our streets a safer place!  I was raped one week to the day from my 16th birthday.  Had I been raped just 8 days prior, I would be seen as a minor under the law and would have a chance to remove a rapist from the street. 
I personally don't care how many times the Committee has to hear about this law - the frequency alone with which they see this bill should be a red flag!  They must repeal the statute of limitations for reporting the crime of rape and molestation!  I was willing to settle for the cut-off being age 18, but the Committee seems to want to deny that as well. 
It is not the job of the Legislation to determine whether a crime has been committed, that is what our court systems are for.  I and many other rape survivors are walking proof this law does nothing but keep good people from getting the trial they so deserve!  I started this process because I walked through my rape and the criminal case.  I witnessed a system that unwittingly protects the rights of the perpetrator while causing further anguish to an already traumatized victim.  I saw a problem and I brought this problem to the Legislators in an effort to come up with a collective solution for the safety of the Commonwealth, specifically our children. 
Thank you,
Elizabeth    
11:52 pm edt 

Response from Rep Alice Wolf :
Dear Elizabeth,
In investigating your concern about H 1523 being put in a study, I learned that the Committee feels that since the statute of limitations has been abolished previously on any criminal action, the Committee feels it is not necessary to pursue this on the civil side.
This is at least an explanation though it may not satisfy you.
Thank you for your deep concern,
Sincerely yours,
Alice Wolf
State Representative
11:50 pm edt 


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