Good Intent, Bad Ruling

Child molestation is an unspeakable, indefensible crime. But a California Supreme Court decision last week that could unleash a barrage of new prosecutions in this area sets an extremely troubling precedent.

In its 4-3 ruling, the state high court held that a 1994 state law lifting the statute of limitations for child molestation can be applied retroactively to crimes that allegedly occurred even decades before that law was passed. Critics now fear a host of questionable prosecutions on allegations of long-past abuse. The court’s decision allows the state to go forward with the prosecution of a man charged in 1996 with one count of lewd conduct with a child. The alleged crime occurred in 1984, more than 12 years before the charge was brought.

We hold absolutely no sympathy for the monsters who prey on children. But the court’s ruling clashes sharply with notions of fundamental fairness built into our state and federal constitutions, requiring due process and barring ex post facto prosecutions. These protections are especially important in crimes that involve children. Statutes of limitation, for example, guard against unreliable memories or the loss of exculpatory evidence. The California Supreme Court has now lowered the bar in these cases.

The court majority notes that the 1994 state law requires that a victim’s allegations be backed by independently corroborated evidence. Yet precisely what constitutes such evidence remains to be litigated. In the meantime, the decision could open the door for adults who believe they have repressed childhood memories of sex crimes or were previously afraid to report them. With forensic evidence nonexistent and memories faded with time, conviction becomes difficult. Conviction or no, the accusation of child molestation can ruin lives and careers.

Defense lawyers in the California case might ask the U.S. Supreme Court to review the ruling, described as the first of its kind in the nation. If that occurs, we urge that court to reverse the state decision.