ILNews

Legislature intended to make failure to report child abuse a continuing offense

Back to TopCommentsE-mailPrintBookmark and Share

A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.

The COA affirmed the trial court’s denial of a motion to dismiss the charges in Marybeth Lebo v. State of Indiana, 46A05-1202-CR-104.

Lebo, who was the varsity volleyball coach at LaPorte High School, was charged with failing to report child abuse after her assistant coach, Robert Ashcraft, was convicted of multiple sex crimes against a minor student athlete. In her appeal, she argues, in part, the charges are barred by the statute of limitations.
 
As an alternative, the state argued that the crime of failure to report is a continuing offense. Therefore, the statute of limitations did not begin to run until Oct. 23, 2010, when the LaPorte County Prosecutor’s Office received the investigation report from the Indiana State Police.

The court agreed. Despite the absence of the terms “continuing” or “continuous,” the statute does state that the obligation to report is not relieved until a report has been made to the best of the individual’s belief.

Writing for the majority, Judge Cale Bradford stated, “To permit an individual with a duty to report to avoid prosecution for failure to report because that individual’s failure was not discovered within 730 days does nothing to protect a child who may still be the victim of abuse on day 731 or beyond.”

In a separate opinion, Judge John Baker dissented from the majority’s view that the Legislature indicated a clear intent to make failure to report child abuse or neglect a continuing offense. He found that any intent of the Legislature is ambiguous.

“I am sensitive to the fact that if someone fails to make a report, child abuse or neglect could continue for every day that the report goes unmade,” Baker wrote. “However, we must also be reminded that the person who has ‘reason to believe’ that child abuse or neglect has occurred and fails to report that abuse or neglect is not the person inflicting harm on the child. Yet the statute of limitations does not fail to apply to those who commit heinous crimes against children.”


 

ADVERTISEMENT

  • COA
    The court of appeals presumes it is their job to rewrite legislation like the supreme court does the constitution!
  • Puppy Poop
    Did she really know before the conviction? Did he do it on the volleyball court?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT