TOPEKA — Earl McIntosh wants state lawmakers to look at a photo of himself as a young boy, to see him as an innocent child full of joy and potential, and to think about how his life forever changed when he was sexually assaulted.
Kansas law protects the man who assaulted McIntosh from facing consequences for his decades-old crime. The attacker now mentors young schoolchildren in Shawnee, McIntosh said.
McIntosh, a Topeka resident, joined a chorus of survivors who urged lawmakers to adopt legislation that removes a statute of limitations for criminal prosecution and civil lawsuits involving child sex crimes. After months of delay, the Senate Judiciary Committee heard testimony Thursday on Senate Bill 317.
The National Sexual Assault Online Hotline is an online chat with a trained staff member who can provide you confidential crisis support.
When McIntosh was 10 and living in Iola, a neighbor who was in high school asked he would like to go fishing and exploring at his parents’ cabin. McIntosh said he didn’t even tell his family he was leaving. “I just jumped in the car and off we went,” he said.
At the cabin, the neighbor’s disposition changed quickly. He physically forced McIntosh to remove his clothing and molested him for hours.
“I didn’t even know what sex was,” McIntosh said. “I didn’t have a clue what he was doing to me. My innocence was robbed. He threatened to harm me if I told anyone, including my parents and my friends. So I buried this terrifying experience deep inside me.”
McIntosh said he developed a bad attitude, became distrustful of authority, took his emotions out on weak teachers and started drinking alcohol. Later, he had trust issues when he began dating.
His anxiety continued to build until he confided in his wife and parents at the age of 36. He didn’t seek professional counseling until his early 50s. Now, at the age of 57, he is capable of sharing his story with others. But he still struggles with anxiety.
A few years ago, McIntosh said, he filed a complaint with police, but they couldn’t act on it because so much time has elapsed. The attacker, however, knows that McIntosh filed the complaint.
Meanwhile, McIntosh discovered his attacker, who now lives in Shawnee, helps with an organization where men mentor young schoolchildren.
“It’s ironic and sickening that he is involved in a program trying to protect young children from people like himself,” McIntosh said.
More than a dozen survivors and advocates showed up to speak publicly about their experiences during Thursday’s hearing, and nearly two dozen provided written testimony. They emphasized the many reasons why children and adults may not be ready to talk about their trauma before the legal window slams shut.
SB 317 removes statute of limitations for prosecuting child sexual abuse and extends the deadline for survivors to file civil lawsuits from age 21 to 31. The bill also allows for civil lawsuits to be filed within three years of a criminal prosecution, regardless of the survivor’s age.
The committee is expected to consider amendments, including a “lookback” clause that would allow for civil lawsuits to be filed regardless of age for three years after the law takes effect. The committee could vote on the final product as soon as Friday.
