Sunday, April 11, 2010

Man Pleads No Contest in Slaying of His Alleged Molester

http://www.cnn.com/2010/CRIME/04/06/aaron.vargas.abuse.plea/index.html?npt=NP1

Another case of someone taking the law into their own hands. Usually I'd say that if you "do the crime, do the time". However, in this case, there are claims of past molestation. I don't know what I'd be capable of doing to my abuser if I'd ever been molested or abused, so I have no idea how I feel about this case. The man faces anywhere from probation to 10 years in prison.

What do you think he deserves?

1 comment:

  1. This article illustrates a consequence of the fact that the statute of limitations in Texas for child sexual abuse is only five years:
    http://www.smith-lawfirm.com/sol_Texas.html

    It appears that in this case, this limitation prevented local law enforcement from prosecuting two earlier allegations, which ultimately could have prevented the slaying.
    "Rowan said the abuse began when he was 15 and continued on and off until he was 19... He said he brought the allegations to Fort Bragg Police in 2001 but nothing happened."
    Also, "McNeill's second wife, Jenny Cotila, who divorced him in 1980, said she also went to Fort Bragg Police in the 1990s after she was told that her ex-husband had sexually abused her son years ago."

    The statute of limitations for child sexual abuse varies widely, as described here:
    http://www.smith-lawfirm.com/statutestable.html
    For example, Connecticut "allows action within 30 years from the date a victim reaches the 'age of majority.' This means that generally a victim has until the day before his or her 48th birthday to file suit."
    But, in Delaware, it's only two years after reaching the 'age of majority.' However, more recently, in a case of first impression, the Delaware Superior Court recognized traumatic amnesia / repressed memory as a means of tolling the statute of limitations in Eden v. Oblates.

    This topic is likely to get more attention in the media and courts since several more scandals involving sexual abuse within the Catholic church have recently come to light. Meanwhile, child molestors should be aware to stay out of Connecticut.

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