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

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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.”


 

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  • 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?

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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