'Justice should not expire': Bill to remove statute of limitations for child sex crimes passes Senate

Under current law, many survivors of child sex abuse have until age 24 to seek justice before the statute of limitations closes the courthouse door.

State Sen. Angel Charley, D-Acoma, said that is not nearly enough time for survivors to confront the worst moments of their lives.

“Justice should not expire before someone is ready to speak,” Charley said.

A bill that passed the New Mexico Senate on Friday could change that by removing the statute of limitations for certain child sex crimes, allowing survivors to bring forth cases well into middle age and beyond.

Senate Bill 41, which has been floated in various iterations for several years, gained momentum this session, passing the Senate on a bipartisan 40-1 vote.

The newfound momentum and cooperation across political parties may be due, in part, to the latest release of millions of pages of documents detailing alleged child sex trafficking on various properties owned by Jeffrey Epstein, including at his Zorro Ranch property outside Santa Fe.

“The last time we looked at this law, we didn’t know about the Epstein files,” Charley said, saying accusations included child rape. “And quite frankly we need to get comfortable using that word in this chamber and in this society because when we don’t we are taking away the severity that this deserves.”

Though this bill is not retroactive and would not reactivate cases that have already expired, Charley said that going forward the legislation will empower victims to seek justice when they are ready.

The bill specifically eliminates the six-year statute of limitations on second-degree criminal sexual contact with a minor, the crime of intentionally touching or applying force to the "unclothed intimate parts" of a child. Criminal sexual contact has no statute of limitations for children under 13 or for graver charges like first-degree criminal sexual contact.

The only lawmaker to challenge the bill was Sen. Antonio “Moe” Maestas, D-Albuquerque, an attorney who formerly worked as a prosecutor with the Bernalillo County District Attorney's Office.

"I don't know how somebody can walk into a DA's Office and say 'this happened to me 10 years ago' and hope to get an indictment or a conviction,” Maestas said.

This bill, Maestas said, will lead to disappointment for survivors and more work for prosecutors. His statements were sharply rebuked by a cohort of women lawmakers on both sides of the aisle.

“You can say this may not be practical, but tell that to the victims,” said Sen. Cindy Nava, D-Bernalillo.

Afterward, Sen. Nicole Tobiassen, R-Albuquerque, stood and gestured around the room, saying that every single person in the chamber likely knew someone who had experienced some form of sexual violence.

“Why in the world would we not hold people accountable when this is an epidemic in today’s world?” Tobiassen said.

The vote ultimately passed on a near-unanimous vote, with Maestas being the only lawmaker who voted no.

After the vote, Charley immediately called several survivors who testified publicly in committee or came to her privately with their stories.

For survivors, this bill means justice will be delivered, not for them but for the next generation, Charley said.

One of those survivors was Cheryl Teasyatwho, who spoke before the Senate Judiciary Committee on Wednesday.

Teasyatwho recounted the sexual abuse she experienced as a child, the heartbreak of learning that her brother and other relatives were abused by the same perpetrator and the pain of knowing that that person would never face justice due to the statute of limitations.

“Survivors should not be punished for the time it takes to understand, process and speak about their trauma,” Teasyatwho said.

Though Charley recognized the bill as a big win for survivors, her work is not done. Charley wants to see the statute of limitations removed for adult rape cases.

Lawmakers have amended statute of limitation laws before, once in 1997 to remove the time limit on first-degree felonies and capital crimes, and again in 2022 for second-degree murder. According to Charley, lawmakers have an ethical responsibility to ensure rape is prosecuted the same way.

“I promise you I will be back session after session after session,” Charley said before the Senate floor. 

Gillian Barkhurst is the local government reporter for the Journal. She can be reached at gbarkhurst@abqjournal.com.