Group calls for tougher laws to fight sex abuse
Task force for victims wants to close loopholes
A high-profile group, of prosecutors, legislators and others, is recommending Arizona lawmakers close loopholes in the state’s laws on sexual abuse.
The final report from the Justice for Victims of Child Sexual Abuse Task Force comes amid mounting scrutiny of gaps in current law that have allowed some school employees and others in positions of authority over young people to prey on teenagers with less oversight and fewer consequences.
The proposals also follow a protracted political battle during the past legislative session to give survivors of childhood sexual abuse more time to file suit against their abusers and institutions that covered up or furthered their mistreatment, such as schools and churches.
While survivors of child sex abuse now have until age 30, instead of age 20, to file suit, the task force did not call for extending that deadline even further, as some advocates have urged.
But the task force’s recommendations may have a smoother route to becoming law as Gov. Doug Ducey said he looked forward to working with the task force to implement its recommendations.
“These important recommendations, which were developed over recent months with input from law enforcement, child welfare and victims advocates, trauma experts, social workers and state legislators, will help Arizona take the next steps needed to protect and support those victims, as well as prevent future abuse,” he said in a statement.
The task force recommended that the state broaden its definition of adults who are deemed to be in a position of trust and include not just certi
fied teachers but all school employees, youth pastors and employers.
The distinction can make a difference in prosecuting cases involving teenagers. In sexual abuse cases involving a child age 15-17, prosecutors do not need to prove that a relationship was nonconsensual if it involved an adult who had authority over the child. It also changes the classification of the offense, from a class 6 felony to a more serious class 2 felony.
The task force also recommended Arizona eliminate another loophole by scrapping the time limit for prosecuting cases of child sex trafficking.
The task force recommended that legislators also expand the Arizona Board of Education’s jurisdiction to cover school personnel who are not certified teachers.
The Arizona Republic and KJZZ 91.5FM found some school employees have been able to use the current loophole to escape scrutiny for years or decades.
The Arizona State Board of Education’s system to remove offenders from the classroom only applies to certified educators. It does not cover more than 6,000 non-certified Arizona teachers in district and charter schools or other non-certified school employees in contact with children every day, like bus drivers and classroom aides.
The task force also recommends the Arizona State Board of Education create best practices for social media and cellphone use between teachers and students.
But while the Republican-led Legislature may embrace tougher criminal statutes, it may give a cooler reception to the task force’s calls for more funding to support a range of services for survivors of sexual abuse.
The report recommends setting up units to investigate cold cases of abuse and hiring more investigators in an overwhelmed nook of the Department of Education tasked with probing allegations of misconduct. The task force also suggested creating a 24-hour telephone hotline for survivors of sexual abuse.
The Legislature will have the money, at least on paper. Experts are forecasting the state to end the current budget year with a surplus. Still, much of that money will be nonrecurring – budgetary parlance for funds that are not reliable from one year to the next and may be best spent on one-time expenses. That money is also likely to be in high demand as the state faces a backlog of maintenance in schools and prisons.
It is unclear what the recommendations might cost, said state Rep. Regina
Cobb, a Republican from Kingman who chairs the House Appropriations Committee and also served on the task force.
But Cobb supports the measures, calling each a matter of common sense, and said she will support including funding in the state budget as it wends through the Legislature.
“I’ll be an advocate,” she said.
The task force included other legislators, prosecutors, representatives from the governor’s office, law enforcement and advocates for survivors of sexual abuse.
State Sen. Paul Boyer, R-Phoenix, cochaired the task force with Rachel Mitchell, of the Maricopa County Attorney’s Office.