Our Opinion: Yes on Amendment 2

News Tribune Editorial: Protect children from sexual abuse

When it comes to supporting amendments to the state constitution, we set the bar fairly high.

And, we raise the standard even higher for proposals that create exceptions or special circumstances.

Amendment 2 on the Nov. 4 ballot clears the bar and deserves voter approval.

The ballot title reads: "Shall the Missouri Constitution be amended so that it will be permissible to allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under eighteen years of age?"

Amending the constitution is required to make this change because the Missouri Supreme Court has ruled "evidence of prior criminal acts is never admissible for the purpose of demonstrating the defendant's propensity to commit the crime with which he is presently charged. There are no exceptions to this rule."

The amendment would allow an exception for cases of child sexual abuse.

Is this fair?

Let's look at the amendment as it pertains to the judicial system, suspects and victims.

The amendment does not swing open the doors to evidence of prior crimes; a judge would serve as gatekeeper and determine whether evidence is admissible or excluded. The language reads: "The court may exclude relevant evidence of prior criminal acts if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice." That's lawyer-speak for "it's a judgment call."

Speaking of exceptions, Amendment 2 supporters say Missouri's prohibition conflicts with judicial procedures in 49 other states and the federal government, which all permit such evidence in child sexual abuse cases.

Regarding the accused, the case can be made that sexual predators already are singled out. Offenders live with restrictions concerning where they may live and who they must avoid. A public sex offender registry specifies who they are and details their background.

Finally, the victims are children. Even if we concede all victims - children and adults - are innocent, children are physically and mentally different from adults. Experts report that human brains do not attain full development until at least age 25. And children have no sexual knowledge or experience, only a sense that sexual contact somehow is wrong. Children don't even have the vocabulary to articulate sexual abuse.

Amendment 2 would permit judges to consider exemptions to standard rules of evidence.

To protect children from sexual abuse - which often is repeated and is tantamount to torture - this exemption is justified. Approve Amendment 2 on the Nov. 4 ballot.