A new bill in Florida would end the time limit a minor would have to report sexual battery. SB 170, sponsored by Sen. Linda Stewart and a companion bill in the House, HB 69 was sponsored by Rep, Tracie Davis.
“The bill was inspired by women such as Donna Hedrick, who was abused by a teacher and buried her secret for more than 40 years, and numerous others who could have reported and possibly stopped notorious repeat offenders such as Jeffery Epstein had the statute of limitations not run,” a press release from Stewart said.
A copy of the Bill can be read here: https://www.flsenate.gov/Session/Bill/2020/170/BillText/Filed/PDF
Yes I know this first hand I had one person accuse me no evidence whatsoever everything that was gathered was actually in my favor and was still told I would be found guilty and ended up with 10 years in prison and 25 years of probation so yes all it takes is one person’s word
Two more bills extending time to prosecute have been filed. HB69 is a companion [similar] to SB170 specifically for sexual battery. HB53 covers ALL civil sexual offenses. Links below:
http://flsenate.gov/Session/Bill/2020/69/BillText/Filed/PDF
http://flsenate.gov/Session/Bill/2020/53/BillText/Filed/PDF
And this also concerns CIVIL actions – so now, for example, under the House Bill CP victims can come after people decades later.
So how is this retroactive bill, which will become law, constitutional? It is the textbook definition of ex post facto. Anyone who thinks this won’t affect registered citizens is living in a fool’s paradise.
This is another reason they do not want our law suits to be anonymous in Florida. If someone won a case to get off the registry and someone who was an accuser is made, they could have their kid or a neighbor kid lie and say we did something to them just because they are mad we got off lifetime registration. Happened to me when the judge ruled I could end probation early. The prosecutor went on a witch hunt and found someone to lie on me. I was fortunate enough to have an honest Police detective who said I passed a lie detector with flying colors. The detective interviewed the accuser who I did not even know and determined they could not even remember my last name when questioned away from anyone coaching them. They were offered a polygraph as well ( They were above 18 ) and they declined. The judge ruled there was not enough solid evidence to proceed but that one cost me thousands in lawyers fees for something I did not do, and someone I had never even heard of.
The timing of this is suspect, apologies.
Is this a kneejerk?
Is this politically motivated?
Is this in the best interests of society?
Why hasn’t this been an issue until now?
Too many questions are raised by this. I am ambivalent about this bill.
This is very scary. I live in the fear that I will overlook something and get violated and end up in prison without committing a crime. All someone has to do is be pissed off for some reason and point a finger and it is the end of your life. There are so many so called victims that are not victims at all and all it took was the statement that it was done. No physical evidence. actually no evidence accept that a statement was made and a finger pointed and bam! either take a plea bargain or life in prison. These threats are real.. I look forward to the day when I leave this earth and even then I will still be on Florida’s registry to inflate the numbers..
Everybody should watch this. It’s a ted talk about how reliable is your memory with Elizabeth Loftus. She specifically uses a rape case where a woman falsely accuses someone based on unsure memories. Now imagine adding 20 or 30 years to something and see how accurate that person will be. There are only a small handful of people that have total recall of everything that has ever happened in their life.
https://www.youtube.com/watch?v=PB2OegI6wvI
Unfortunately, I have had to witness this sort of thing firsthand.
This is what the term ‘weaponizing’ means; the legislators are weaponizing the criminal justice system to garner votes in the so called #me too movement era. There is no protection for anyone accused of a sexual offense anymore. There is no longer a presumption of innocence either.
The problems I see as mentioned is one people’s memory changes as to how they remember things as time passes. Even an event that happens , you ask different ones that saw it and you get completely different accounts as to what happened. Two something that went on between two people may not have bothered the alleged offended one at the time but years later as they see monetary or some other benefits to be had or because they have just come to not like the person any more , they make charges and can get away with it. Third it will plug up the courts with things that are probably unprovable , wasting time and money. The only ones to benefit are attorneys. Forth it may encourage The offended one to not take action soon knowing they have all the time in the world, waiting for the offender to get richer. This is not a smart policy.
Very bad bill as peoples memory can and do change over time. a bill like this has a great ability to create a false me too movement against someone.
Does this mean that I as a woman can go back a little over 50 years ago, pick out a male (or female) teacher that I did not care for in high school, and now go to the sheriff’s office with an allegation of sexual wrongdoing? From what our local paper said, I do not have to have any corroborating evidence. And if I can get another person to go in with me on the allegations, that teacher is going to prison (except he would probably be dead by now), A defense attorney told me that all it takes is 2 people under the age of 18 in the state of Florida to put you in prison. No other evidence is required.
I am so thankful that FAC is against sexual abuse and in favor of accountability; otherwise, I would not be a member. As I said recently, though, the majority of these allegations are true, but we all know that a small percentage is not. We always hear that just saving one child makes it worth having all of these harsh laws; but I say just having one person (and it almost always is a male) sent to prison because of false allegations is one too many.
Then as soon as it is feasible to start suing the accused, the accusers start coming out of the woodwork.
Currently I am working with a young wife and mother, whose daughter probably falsely accused a male over the age of 18 of molesting her. After at least a year of incarceration, the girl has come forward saying that she made it all up. That was the only evidence used against this man. The female prosecutor said that she “believed” the girl. That is scary–that the word of one person can put an individual in prison. I was always taught in school that the courts required the testimony of at least two witnesses. The Bible says the same thing, but that is not what is always happening today.
I care about the real victims. I have read accounts that just make me sick to my stomach. Lauren Book’s 5 years of unbelievable sexual assaults makes my heart bleed for her, but there is massive support out there for all of the victims. What I do not see is support for the falsely accused. Yes, we must take care of the needs of the victims, but allowing accusations to now go back years could have us going down a slippery slope.
It’s true that some victims are reluctant to come forward until after a very long time. The bill doesn’t seem to affect persons on the registry, though. Does FAC take a position on it?
It’s not something we would take a position on. We are against sexual abuse and in favor of accountability.
Guess the question is: as time goes on wouldnt it be harder and harder to prove innocence? The accusation itself is damning And taken on its own merit: how then would the passing of so much time hinder a defense? Details lost people gone evidence tainted by time and memory. Hard call to balance the need for justice in these terrible cases.
What about the accountability of the accuser? Do they have no boundaries? No limits. Is that where we are going? How is that justice?