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Criminal Statutes (Pedophilia and criminal arrest)

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  • Criminal Statutes (Pedophilia and criminal arrest)

    RE: Pedophilia and criminal arrest

    In NYS, clergy abuse cases are denied due to statutes of limitations. Even though we have a "Mental Incompetency" rule, the courts will not accept this.

    Let's assume for a moment that "Mental Incompetency" was allowed - could we now arrest these pedophiles for crimes long ago? If not, would there be any conditions that would allow for arrest, ie conspiracy? Other?

    Thanks in advance.

  • #2
    re: Criminal Statutes (Pedophilia and criminal arrest)

    No, because a person has the right to a trial, and to have a right to a trial, mental competency must be proven, otherwise the person does not get a fair trial.

    There should, in no state, be a statute of limitations on the sexual abuse of a child. I don't care how long the pedophile lives. It is a further rape of justice to put a statute of limitations on that.

    Comment


    • #3
      re: Criminal Statutes (Pedophilia and criminal arrest)

      Originally posted by Unregistered View Post
      No, because a person has the right to a trial, and to have a right to a trial, mental competency must be proven, otherwise the person does not get a fair trial.

      There should, in no state, be a statute of limitations on the sexual abuse of a child. I don't care how long the pedophile lives. It is a further rape of justice to put a statute of limitations on that.
      Thanks for the reply.

      I'm not sure I asked the question correctly. First, in NYS all child rapes by clergy have been denied due to statutes of limitations. In some cases, victims have declared they were mentally ill which is why they took so long to come forward. The courts have denied each one.

      I am asking if the courts did allow these victims to come forward, in other words had they been fair to the victims, could we charge these pedophiles criminally? Even though the victim might be 4o years old when they were able to come forward?

      Thanks.

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      • #4
        Re: Criminal Statutes (Pedophilia and criminal arrest)

        You could in many cases then yes...

        Comment


        • #5
          Re: Criminal Statutes (Pedophilia and criminal arrest)

          I want to see if I'm understanding your question correctly. Are you implying that ONLY those cases of child pedophilia involving members of church organizations have been denied due to Statute of Limitations? Or does it apply to all members of society?

          To the rest of your questions. If a person is mentally ill, they are considered incompetent to stand trial or to even be a witness.

          IF is a pretty broad word, as if isn't reality in this matter. The judge has denied action due to Statute of Limitations and that really has nothing to do with IF a person had not been mentally ill.

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          • #6
            Re: Criminal Statutes (Pedophilia and criminal arrest)

            All members of society.The RCC are the cases we most often hear about, justice denied.

            Comment


            • #7
              Re: Criminal Statutes (Pedophilia and criminal arrest)

              Originally posted by Unregistered View Post
              I want to see if I'm understanding your question correctly. Are you implying that ONLY those cases of child pedophilia involving members of church organizations have been denied due to Statute of Limitations? Or does it apply to all members of society?

              To the rest of your questions. If a person is mentally ill, they are considered incompetent to stand trial or to even be a witness.

              IF is a pretty broad word, as if isn't reality in this matter. The judge has denied action due to Statute of Limitations and that really has nothing to do with IF a person had not been mentally ill.
              Violent rape of children is now trhe "Perfect Crime". Victims violently abused will likely not come to terms with the rape until much later in life due to the mental illness caused. Statutes now protects the worst of pedophiles.

              Comment


              • #8
                Re: Criminal Statutes (Pedophilia and criminal arrest)

                You did not answer the question put forth. I think this thread has run its course.

                Comment


                • #9
                  Re: Criminal Statutes (Pedophilia and criminal arrest)

                  Originally posted by Unregistered View Post
                  You did not answer the question put forth. I think this thread has run its course.
                  I did

                  "All members of society."

                  Unless you have another question. Seems as a guest you need to end this thread?? Who are you protecting?

                  Comment


                  • #10
                    Re: Criminal Statutes (Pedophilia and criminal arrest)

                    Rico: The only people who can end this thread are the forum moderators. Or yourself. You can close the discussion should you wish.

                    Your comment regarding "protecting" people is quite odd and more than a little paranoid, so I will dismiss it as such.

                    You are asking questions about if's, and not what the law entails as it is in reality. Hypothetically speaking, it's possible that what you propose could happen, but since it isn't grounded in reality, it's not going to.

                    Comment


                    • #11
                      Re: Criminal Statutes (Pedophilia and criminal arrest)

                      Originally posted by Unregistered View Post
                      Rico: The only people who can end this thread are the forum moderators. Or yourself. You can close the discussion should you wish.

                      Your comment regarding "protecting" people is quite odd and more than a little paranoid, so I will dismiss it as such.

                      You are asking questions about if's, and not what the law entails as it is in reality. Hypothetically speaking, it's possible that what you propose could happen, but since it isn't grounded in reality, it's not going to.
                      I was a victim of violent gang rape by Catholic priests, one a bishop today. Today I work with schools and parents to change laws so that we can hold those accountable. The reality is that a victim of violent rape, as a child, will likely never be able to come forward until statutes of limitations have passed. The trauma is too severe and mind altering, fact.

                      Comment


                      • #12
                        Re: Criminal Statutes (Pedophilia and criminal arrest)

                        You weren't found "innocent" if you were convicted, no matter how long ago.
                        This is one of many reasons why people shouldn't commit crimes at any age - your record will follow you around the rest of your life.
                        criminalrecordsearch.biz

                        Comment


                        • #13
                          Re: Criminal Statutes (Pedophilia and criminal arrest)

                          I want these people tried for child rape and sentenced. Maybe I am not asking the question correctly.

                          Given that I was sodomized at age 8 and 9, is there any way those who sodomized me could be tried and (if convicted) be sentenced to jail if the reason I did not come forward was due to mental incompetency (assuming it could be proven that I was unable to come forward for that reason and it is past statutes)?

                          Comment


                          • #14
                            Re: Criminal Statutes (Pedophilia and criminal arrest)

                            I believe the only crime with no statute of limitations is the crime of murder. If your parents did not come forward when the crime happened, and you are now an adult, you are SOL. It's unjust, but that is the law as it stands.

                            Comment

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