BOISE -- A man indicted on charges of sexual battery to a minor recently had the case against him dismissed because of time -- the statute of limitations had run out.
Because of this, the Ada County prosecutor in that case is now calling for a new law.
Meridian Police say 71-year-old Donald Ray Jackson sexually battered a 17-year-old in early 2005.
Two charges were filed early this month, and he was indicted on both.
But because the charges were filed more than five years after the alleged act, Jackson will not be tried in that case.
Idaho lawmakers removed the statute of limitations for most child sexual abuse cases in 2006, but that change in law didn't include abuse against 16 to 17 year olds.
Ada County Deputy Prosecutor Cathy Guzman argued that the lawmakers intended to remove the statute of limitations for sexual abuse against all minors.
However, the judge ruled that, right now, the law is clear, and dismissed the case.
Guzman says the law needs to be changed.
"Our office is going to attempt to have the Prosecutors Association of Idaho sponsor a bill to try to get this changed. To try to get it so that 16 and 17 year olds are covered the same as all children. It becomes quite obvious working in this position that children are late to disclose, and often times the abuser is a family member. So, it takes time to disclose, and this case is very sad," said Guzman.
Guzman said others have come forward with accusations against Jackson. But those also weren't covered by the statute of limitations, so no charges can be filed.
