Palau House of Delegates abolishes statute of limitations on rape

The bill for an act to eliminate the statute of limitations for rape and sex crimes against children, also known as House Bill No. 8-96-7, was passed on third and final reading by the House of Delegates on Tuesday.

In a phone interview, Delegate Marhence Madrangchar, one of those who pushed for the passage of the bill, said that he was very happy that it was passed by the Palau Congress.

The bill amends the provision of the Palau National Code which creates a statute of limitations by which no person may be prosecuted for a crime unless the prosecution begins six years or less after the crime has been committed.

“Rape and other sex crimes against children are very serious offenses. Before, many sex offenders were able to escape prosecution and punishment for their crimes for reasons that the filing and prosecution of their cases were done after the six-year limit imposed by the statue of limitations,” he pointed out.

“It will no longer be the case, as there would be no longer time limit for such cases once this bill becomes a law,” he stressed. “It is important that all victims of rape and other sex crimes are given justice for the ordeal they have undergone.”

The statute of limitations exists in criminal cases for several reasons. For one, as time passes, evidences become stale and unreliable, with witnesses becoming difficult to find or with hazy memories.

“But with the new technology where evidences are preserved, the aforementioned reasons for having such limitations no longer hold true,” Madrangchar declared.

Asked why only now the Palau legislature acted on it, Madrangchar replied that the past delegates may have missed the importance of such matter.

“Maybe they did not see the importance of such legislation,” he opined.

Madrangchar said that despite the approval of the House of Delegates the bill will not still become a law as the Senate still needs to pass a similar measure and it still needs the president’s signature.

“Considering the significance of the bill, I believe that the Senate will not hesitate to approve it,” he said.

Madrangchar added that he is also very optimistic that the President will sign the bill into law soon.

“Pres. Toribiong is a very fair person who is also very much concerned of the plight of rape victims who are denied justice because of the statues of limitations. Besides, he is a lawyer and knows that this bill is legally sound,” he said.

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