Letter to the Editor: Sexual Assault
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The state of Utah is nationally known for its culture emphasizing the importance of family, religion, and moral values.
However, with the rise of sexual assault cases, this epidemic has our law enforcement, legislative and judicial officials scrambling to find ways to protect the life, liberty, health, safety, and welfare of our citizens.
Even more appalling and ghastly, is the rapid rise in child sexual assault cases. The national statistics showing one in four women and one in six men become victims in their lifetime, most of which happens prior to reaching adulthood. The Utah Legislature recognized this epidemic in 2015 by passing House Bill 277, which eliminated the statute of limitations for sexual abuse of children. This means under this new law there is no time limit for children to heal and bring legal claims against the perpetrators of their abuse.
However, after the bill passed by an overwhelming margin, state representatives, realizing that this legislation didn’t help those victims whose time to bring legal action had already passed, even if there were only one day older than 22 years of age. This arbitrary cutoff left the vast majority of victims of childhood sexual abuse without any remedy, especially considering that studies show that it takes victims of childhood sexual abuse until age 42 on average to heal sufficiently in order to face their abusers. After numerous interviews, research and heart-wrenching appeals from victims of childhood sexual abuse, state legislators realized prior state law and policy had to change. Prior law didn’t reflect the reality that it takes decades for abused children to hold their abusers accountable because they are conditioned and often threatened that it is bad to tell. This is why in 2016 the Utah Legislature passed HB 279. This law allows childhood sexual assault survivors to seek legal recourse against their alleged perpetrators for 35 years after they turn 18 years-old.
But a case in the U.S. District Court, Mitchell vs. Roberts, has challenged the legality of HB 279. The case, which the court certified the question of state law to the Utah Supreme Court, has deliberated this challenge for more than 17 months. Meanwhile, childhood sexual assault cases have been languishing in the state of Utah while the state’s highest court sits on this ruling.
There are a number of key factors at play. First and foremost, is the disturbing trend of this reprehensible crime affecting the fabric of our state’s most precious resource – our children. Therapists of sexual assault victims note the fact that 80 percent of these heinous crimes are committed by people in a position of trust and power, utilizing their manipulative and devious propensities to condition, prey on and violate our impressionable and defenseless citizens – our youth. Often the perpetrators manipulate their victims into silence in order to continue to victimize them for months, and in some cases even years.
Jennifer Howard, a psychotherapist and expert in the field of trauma, also points out another key fact – there is no set timeline to when a victim will heal and overcome the trauma of sexual assault. Couple this with the perpetrator using bullying, gas-lighting, threatening and other tactics to silence, shame, and confuse their young victims. Ms. Howard, who specializes in the treatment of post-traumatic stress disorder (PTSD), says it takes years, sometimes decades, to restore, mend and repair the damages done during their formative years. She noted there is no definitive set timeline to dictate when a person can heal from such trauma.
National statistics also show survivors of this crime face high rates of depression, anxiety and emotional distress. Not only do they suffer psychologically, but they also suffer physically. Heart disease, high blood pressure, gastrointestinal disorders and other chronic conditions have also been manifested in victims. A study by the Utah Department of Health in 2015 clearly shows that the annual cost of sexual abuse in Utah is nearly $5B, yes that is five billion dollars. This cost includes the treatment to help survivors face and overcome the trauma of sexual abuse.
Where it is fashionable for politicians to blame each other for our national issues , our Utah state representatives should be commended for attempting to right a wrong, and best serve sexual assault victims. The Utah Legislature passed HB 279 to ensure justice is served for the sake of the victim not the perpetrator.
If the Utah Supreme Court upholds HB 279, this will not only hold the perpetrators accountable legally but financially. Imagine what $5B put to productive use, rather than addressing abuse that should never happen, would do for our schools and communities!
Utah State Representative Ken Ivory, chief sponsor of HB 277 and HB 279, said it well “Why should that cost be incurred by the state, by society, by the family, or by employers. In the case of something as heinous as sexual abuse of a child, it should be the perpetrator that should bear the cost to the greatest extent possible.”
Utah legislators realize the safety, health and welfare of all of our citizens, especially the youngest, should be the ultimate consideration of our legal system.
The Utah Supreme Court has its work cut out for itself. But considering our highest duty to protect the most innocent and defenseless members of our society – our children, hopefully our state’s highest court will uphold HB 279. Let us all hope that they act sooner than later and rule to protect victims, not excuse perpetrators of childhood sexual abuse.
Nick Drake, the author of this article, can be reached at nldrake2981@gmail.com