This literature review is focusing on specific laws relating to the statute of limitation on sexual abuse cases. The Statute of Limitation is identified as, “Specifically, procedural rules establishing time limits that regulate a plaintiff’s ability to pursue legal actions—flow from legislative and judicial sources, have existed for centuries and today are largely ubiquitous” (book citation). Throughout the past two decades the Statute of limitation on sexual abuse continuous to be changed by the legislative. Because of these laws, this matter has prolonged a controversial social problem in which many people disagree with the legislative’s laws and continue to fight for these regulations to be outlawed. The general public living in states that continue to retain this law, believe the statute of limitations on sexual abuse should be outlawed because of the thousands of cases that were never brought to trial, substantial evidence, or the time limit on the sexual abuse case had already expired.
Victims who were sexually molested at a young age were either; threaten by their perpetrator and reported the incident after the statute of limitation was expired, children feel shame and embarrassment to reporting the incident (Back, Gustafsson, Larsson, & Berterö, para. 3)., reported the case to law enforcement and they then chose to dismiss the case due to lack of evidence, DNA was taken by medical practitioners and given to detectives, but detectives chose to withdraw from the case because locating the perpetrator would be difficult. Ultimately, the legislative must outlaw the statute of limitation on sexual abuse in all states because if it doesn’t, it will psychologically traumatize victims, affect them in numerous ways in their adulthood span, and justice for these innocent victims must be served to avoid all long-term psychological effects. If all perpetrators are not being prosecuted for crimes they have committed, means they will be striking again, again, and again, harming children’s infancy and adulthood.
Rape kits also known as (Saks) are crucial evidence that are used for the victim’s court trial cases (Campbell, Cabral, 2018, p. 73). The DNA evidence is a long process in which only medical practitioners will collect evidence from the victims vaginal, anal, oral, and any other surfaces of a victims’ body that contains significant evidence that prosecutors can use against heinous perpetrators through court trial (Campbell, Cabral, 2018, p. 73). The rape kit is definitely one of the most important primary evidence that can help identify the perpetrator being accused, or match DNA in other cases in which they’ve also been associated with (Campbell, Cabral, 2018, p. 73).
However, Campbell, and Cabral explains that throughout the United States the rape kit is lacking its useful purpose because police officers are inconsistent with pursuing the rape kit to be submitted for forensic DNA testing (Campbell, Cabral, 2018, p. 73). Police officers chose not to acknowledge the DNA testing due to the fact of not having substantial evidence that can assist with identifying who the perpetrator is (Campbell, Cabral, 2018, p. 75). Instead, they are setting rape kits aside and storing hundreds in a room. (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.1). These same authors conducted a qualitative sample study of 900 of the non- submitted rape kits in Detroit and Michigan and used a DNA criminal database “CODIS” method known as the Combined DNA Index System, in which links the multiple connections these DNA samples of perpetrators links to other sexual assault cases (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.1). Out of all 900 unsubmitted rapes, a total of 259 were considered CODIS hits, 69 which resulted in matching other sexual assault crimes (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.2).When a perpetrators DNA is not inputted to the Combined DNA Index System, it is only delaying the process of criminals striking again, and again, getting away from all the crimes they have committed (Campbell, Cabral, 2018, p. 75).
Furthermore, when sexual abuse cases are left unsolved, it brings unsatisfying feelings to the victims because they had to go through an intense process, expecting evidence to be evaluated (Campbell, Cabral, 2018, p. 77). It is emotionally overwhelming for all victims to have the courage to share an unexpected experience which has caused them scars for life, and still, never receiving comforting news that their perpetrator is now accused of what they’ve done (Campbell, Cabral, 2018, p. 77). Not only to one particular victim, but perhaps another three victims (Campbell, Cabral, 2018, p. 77).
Overall, these studies proved how the delay or avoidance of police officers not pursuing the rape kit DNA testing, is an important step that is necessary to solve or match other sexual abuse cases and increase crime rates (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.10). It is important for police officers to submit the rap kit test on a timely manner to prevent victims from feeling content (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.10). When police officers submit the rap kits to be quickly tested, the quicker the DNA can be submitted to Combined DNA Index System and resulting in terminating all criminals from society (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.11). This method may not bring answers right away, but perhaps later on in a couple of months, or a year, DNA can be linked to multiple and similar sexual assault cases (Campbell, Feeney, Pierce, Sharma, & Cabral, 2016, para.10). Researchers also concluded that police officers are professionally trained to protect and serve their community and should not emotionally cause the victim to regret coming forward and reporting the incident.
In like manner, authors (Hornor, 2010; Campbel et al., 2016) both agreed that unsolved sexual abuse cases, leads to multiple ways of traumatizing effects. When children are sexually abused, it leads to outcomes such as sexualized behaviors at a young age, depression, obesity, and substance abuse during adolescent years, and sometimes suicide (Hornor, 2010, p. 359). Children who are sexually abused may be at risk of certain behaviors that are inappropriate for their age (Hornor, 2010, p. 359). First, if a child performs inappropriate sexual acts, such as, inserting his penis into a female’s vagina, mouth, or touching himself in inappropriate ways, proves he’s possibly been sexually abused or has seen sexual acts at home (Hornor, 2010, p. 359). Not to mention, boys are at a higher risk of violent behaviors such as initiating fights, or having easy access to weapons, rather than girls (Hornor, 2010, p. 360). All in all, boys and girls use violent acts to release their negative emotions (Hornor, 2010, p. 360).
Secondly, both genders who have been sexually abused are most certainly at a higher risk of depression rather than those who’ve never been sexually molested (Hornor, 2010, p. 360). Third, depression then leads children to gaining tons of weight and is more likely to suffer with obesity as the child continues to grow and reach adulthood (Hornor, 2010, p. 360). Lastly, children who are sexually abused are also at high risk of committing suicide (Hornor, 2010, p. 360). Similarly, researchers have found there is a collaboration of ending child sexual abuse, which can then avoid children from committing tragedies such as suicide (Hornor, 2010; Campbel et al., 2016).
The judicial process for a child to reveal their story, is an extremely intimidating process for many reasons. A group of professionals did a qualitative analysis study on what children’s experience is like when reporting their sexual abuse case. These professionals concluded children’s main issue to reveling their case are the following reasons; “not being believed, need of support, and lack of respect or the child’s integrity” (C. Back al., para 1). Police officers, detectives, and prosecutors, failed to ask children the right questions to bring comfort and provide full details on how, when, where, did the sexual abuse happened. When detectives are first questioning children, they should ask open ended questions to avoid yes or no answers (C. Back al., pg. 51). The tone of voice, the connection they try to make with a child, the words they choose to use, is key to bring comfort to the child while cross examination occurs (C. Backet al., pg. 53).
Studies also proved that by children being cross examined in a place where they feel comfortable, psychological support, will result in children providing further details that are necessary for court trial (C. Backet al., pg. 54). In addition, when children were crossed examined during court trial, their experience made them feel confused and unashamed due to the way they were approached (C. Backet al., pg. 53). Children felt as if prosecutors were purposely trying to confuse them by making comments such as their stories being completely different to their first interview and court trial (C. Backet al., pg. 53). It is important for these children to be cross examined in all the correct ways to avoid any confusion for the child and provide the sufficient information the judicial system needs to give these heinous criminals the longest possible sentence (C. Backet al., pg. 53). In this study, Child Abuse and Negelct (2011), “The research team also wants to show that the child’s inclination to feel highly stressed during the legal proceedings varies from child to child, so it is important to ensure that the child is carefully prepared in order to decrease the level of stress”.
These studies concluded that the children who received a negative outcome to their trial was because the judicial court, “did not believe the children, and they were constantly being replaced by a new professional. A large number of the positive statements were about good treatment from professionals during therapy and good efforts to provide support activities” (C. Backet al., pg. 53). It is important for children who have been sexually abused to be provided with professional psychological therapy if needed, be spoken to in a polite manner, and make them feel comfortable at all times. If the right tools are not provided to these children, professionals are only increasing the chances of children not proceeding with the trial, and mostly likely suffering with long term psychological affects in their adult hood life span.
Studies have proved that children who were sexually molested at a young age, suffer with psychological long-term effects in numerous ways throughout their adulthood life span. The following are specific ways in which child sexual abuse affects victims in their adulthood: education, romantic relationships/ marriage, and parenthood (Jong, Alink, Bijleveld, Finkenauer, & Hendriks, 2015, p. 1). Reviewed studies from 1990- 2015, concluded to the multiple way’s victims can be affected. (Jong et al., 2015, p.1). These studies conclude that child sexual abuse cases, is the main issue that causes innocent children to suffer with various psychological effects in their adulthood (Jong et al., 2015, p.1). In comparison to a child that was not sexually abused, it detains their adulthood essence from adapting to society (Jong et al., 2015, p.1).
For example, such as pursuing a career, coming upon job opportunities, and encountering love connections (Jong et al., 2015, p.1). Education is the fundamental element that guides children to a loving, healthy, and financially stable adulthood beginning from an early age such as, elementary (Jong et al., 2015, p.177). Child sexual abuse had minimal effects on some people, but the abuse that was extended abuse that took place for a longer period of time, did prove a harm to their education in adulthood (Jong et al., 2015, p.177). When adults begun their education at a university level, they were unlikely to complete a degree (Jong et al., 2015, p.178). Another issue that affects child sexual abuse in their adulthood, is lack of romantic relationships, states (Jong et al., 2015, p.182). Between male and females, males who were sexually molested as children, did not prove as much issues while reaching marriage (Jong et al., 2015, p.182). In comparison to men, women proved to have more issues when reaching marriage (Jong et al., 2015, p.182). In addition, because of the major affect’s adults experienced as a child, it continues to affect them when reaching marriage.
Furthermore, when couples have an unhealthy marriage, proves a higher risk of interpersonal violence (Jong et al., 2015, p.182). Child sexual abuse in which involved sexual intercourse, or anal intercourse, also known as rape, proved that it is more than likely that divorce will occur (Jong et al., 2015, p.183). Lastly, child sexual abuse seems to be another major consequence when reaching parenthood because females are likely to psychically and emotionally neglect their children (Jong et al., 2015, p.182). Failing to be a loving, caring, and attentive mother expectations, leads to mental health complications children (Jong et al., 2015, p.184). Lastly, mothers who experienced child sexual abuse, some, were more than likely to be a friend rather whom depended on their children to be their emotional support system, rather than a motherly figure (Jong et al., 2015, p.184). To avoid all traumatizing and negative outcomes from occurring in the children’s adulthood, it is important for police officers to submit all rape kits to find the perpetrator. For this reason, the statute of limitation should be removed from all states to successfully begin and end comforting conclusions through the criminal justice system.
