Thiele Seeks New Law in Light of Penn State Scandal

In response to multiple allegations of sexual assault against former Penn State assistant football couch Jerry Sandusky, and a scandal that has rocked the campus and made national headlines, , I-Sag Harbor, has introduced legislation that would create a new felony under the state penal law, "serial sexual assault."

The purpose of the law is to ensure that when a defendant is charged with committing a recent sexual assault, earlier acts that come to light will not be subject to a statute of limitations.

"Serial sexual predators should not be allowed to dodge prosecution for a lifetime of inflicting terror," Thiele said. "By criminalizing their course of conduct as a separate criminal act against society, all victims in this state will be better served."

The law, if adopted, would define serial sexual assault as three or more acts of sexual assault involving two or more victims. The statute of limitations would not begin to run until the most recent assault, according to a statement from Thiele's office. It would be considered a class "B" felony. Convicts would have to register as sex offenders and also be classified as violent felony offenders.

Sexual assault, for the purposes of the proposed law, would be defined as acts that constitute rape in the first or second degree, criminal sexual act in the first or second degree, aggravated sexual abuse in the first or second degree, or course of sexual conduct against a child in the first degree.

"The recent Penn State case again highlights the existence of serial sexual predators that commit numerous sexual assaults against several victims over a course of many years," Thiele said. "In 2006, the Legislature wisely removed the statute of limitations for certain sexual offenses. However, this statute can only be applied to future crimes and those that were still within the period of limitation at the time of the law's enactment."

Thiele said his law would not be subject to a 2003 U.S. Supreme Court decision that bars state legislatures from retroactively extending or removing a statute of limitations, as it would violate the Ex Post Facto Clause of the Constitution. "This legislation is modeled after New York's 'Course of Sexual Conduct of a Child' statute, which allows that the period of limitation does not begin to run until the commission of the most recent act of sexual assault," he said.