We have, in recent years, been allowing the statute of limitations for sex offenses to get longer and longer. That creates big problems when the case comes down to the word of the accuser against the accused due to the lack of physical evidence. But it raises even bigger issues when the accusation is over something that happened when the accused was also a minor.

They were both children more than 25 years ago when Sona Gandhi and her neighbor had the encounters that she would later call sexual abuse. They were certainly adults the day Gandhi confronted the man in a Rockville courtroom last winter.

But the man, now 40, was charged as a juvenile because of his age at the time of the alleged offenses, in a type of case that is becoming more common as women increasingly report being molested as children.

"I deal with this every day of my life," Gandhi, 33, told the man in court, according to a copy of her prepared remarks. "I hope that's something you think about every day of yours."

Cases such as the one prompted by Gandhi's report to police last year have ignited a legal debate about whether adults can and should be tried in juvenile court and whether labeling adults as sex offenders for things they did as teenagers is fair and necessary.

I wonder about this. And I don't have an answer. Should we be going back a quarter century and charging folks with acting out sexually? And if we do, what is the appropriate forum to handle these charges? For that matter, does sexual acting out by teens merit the same treatment as adult sex offenses?

I especially wonder about these questions given the claims of a colleague of mine. A 13-year-old neighbor touched him inappropriately when he was 8. Now, a quarter century later, the neighbor is a respected professional in the community. No hint of improper conduct has been associated with him in the years since. Should he be charged with a crime for something that happened in 1984? And does it belong in adult court, when the boy who actd out has grown into a very different man?

These questions especially matter when you consider these facts.

Research on juvenile sex offenders shows they are more likely than adults to respond to treatment. And experts say many juveniles who commit sex offenses don't do so as adults.

Again, I do not know the answer -- but would love to hear some reactions from others.

Posted by: Greg at 01:45 AM | No Comments | Add Comment
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