Penalties for Child Molesters
Child molestation is a broad term that includes any sexual activity between an adult and a minor. According to the National Alert Registry one out of every three to four girls has been sexually assaulted by age 18 and one boy out of every six will be abused by the age of 18. The penalties for child molestation vary greatly from state to state with the most severe penalty being death.
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History
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Prior to the 1960s, child molestation was not often discussed in public. In 1961, Dr. C. Henry Kempe coined the term "battered child syndrome." In the 1970's, several statutes were enacted to address child molestation. This included the Child Abuse Prevention and Treatment Act, which requires certain professionals to report suspected cases of child molestation. In 1996, President Clinton signed Megan's Law, which requires states to register individuals convicted of sex crimes against children and to make the information available to the public.
Definition
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The National Center on Child Abuse and Neglect defines child molestation as "Contacts or interactions between a child and an adult when the child is being used for sexual stimulation of the perpetrator or another person when the perpetrator or another person is in a position of power or control over the victim." This definition has been expanded to include making a child view sexual acts or pornography, and exposing an adult's genitals to a child.
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State Penalties
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A study conducted in New York concluded that the average person convicted of child molestation serves four months in jail and five years on probation. The average sentence for child molestation in Georgia is six years. In Rhode Island, one study conducted by Ross Cheit, a professor of public policy, concluded that between 1985 and 1993, 70 percent of individuals found guilty of child molestation served no prison time at all. Florida, on the other hand, has one of the most severe penalties, imposing a mandatory 25-year prison term for sex offenders. These studies demonstrate that the penalties for child molestation vary greatly from state to state.
Statute Of Limitations
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A statute of limitations is a law which limits how long an individual has to bring a legal proceeding. Typically, the statute of limitations begins at the time the crime is committed. However, in child molestation cases, most states provide for extension of the statute of limitations. For example, a state may provide that the statute of limitations does not begin until the child becomes an adult.
Controversy
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In 2008, the United States Supreme Court held in Kennedy v. Louisiana that imposing the death penalty for the rape of a child amounted to cruel and unusual punishment and was thus unconstitutional. One of the effects of the decision was to preempt the laws of six states which had made child molestation a capital offense. The controversial decision was met with criticism from individuals who disagreed with the court's opinion that there is no national consensus favoring the death penalty for the rape of a child. These individuals cite the six states that had enacted such legislation as well as the Uniform Military Code in making their argument. President Barak Obama also spoke out against the decision, arguing that the Court went too far in restricting the powers of the States.
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References
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