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Arkansas Overhauls Incest LawLegislature Creates Tough New Penalties for Crimes Against Children by Family MembersAPRIL 23, 2003—The Arkansas legislature made history as its 2003 session came to a close last week, becoming one of the first states in the union to overhaul its incest laws and toughen prison sentences for child sexual abuse by family members. The legislation, introduced by Senate Majority Leader Percy Malone (D-Arkadelphia), eliminates preferential treatment for criminals who rape children in their own family. (Senate Bill 863/Act 1469) "Arkansas sent a message to the rest of the nation today," Malone said after the bill's passage. "Laws that excuse child sexual abuse have no place in a civilized society." The new legislation makes Arkansas a leader among states when it comes to punishing sexual abuse against a child, says Grier Weeks, executive director of PROTECT, a national membership organization that drafted and worked with Malone on the bill. "Most states still have these 'incest exceptions' that allow perpetrators a free pass if they keep their crimes in the family," Weeks says. "With this legislation, Arkansas is now a national model for reforming these outrageous laws." The Malone bill took aim at longstanding attitudes and policies that treat incest as a lesser crime than the sexual assault of a child outside the family. Under Arkansas' old law, an adult who raped a child in his own family could be prosecuted for Incest, a Class A felony, and be eligible for probation or a fine. The new law defines the same act as Rape, a Class Y felony, which is punishable by 10-40 years in prison. It also closes a loophole in Arkansas' Sexual Assault law, which provided lesser punishments for a child's guardian. The law will now punish rape of a child without regard to familial relation. Malone, who is a pharmacist and a cattle rancher outside his legislative duties, expressed pride at the new law. "My hope is that some child in Arkansas will have a different life because we cared enough to step in and protect her. We won't stop these crimes against children from happening, but we will change the outcome for many of these kids. And that change will be felt for generations." Malone also thanked Arkansas' prosecutors for supporting the legislation. "These cases are tough, and we just raised the stakes. Our prosecutors went to bat for this bill because they knew it was the right thing to do for children." PROTECT says it will continue to fight the incest exception in states across the U.S. Last year, PROTECT succeeded in getting North Carolina to change its incest laws. The group is now focusing on Illinois, where similar legislation has passed the House, and is also looking at laws in California and New York. "Most people will fight hard to protect their own children," Weeks added, "but Senator Malone fought to protect those countless children who don't have anyone else to stand up for them. That's my definition of a hero. This is an act of great decency and responsibility." Arkansas Overhauls Incest Law - Background Information |
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