Abuse of Trust in Doctors and Parents : State Should Study Extension of Time Limit on Prosecuting Some Sex Crimes

Working on a separate track from the previous Orange County district attorney’s inquiry into accusations of sex crimes, federal prosecutors have indicted former Tustin gynecologist Ivan C. Namihas on mail fraud charges for allegedly billing patients and insurers for unnecessary tests and treatments. The fact that sexual abuse charges could not be brought presents reason for Sacramento to reconsider the length of the statute of limitations on that kind of crime in certain circumstances.

The case involves more than 100 sexual abuse complaints by former patients, many of whom said the alleged incidents occurred five to 10 years earlier. That meant the statute of limitations of one year on such crimes had expired. As it was, the state Medical Board took away Namihas’ license in June, 1992, after he declined to defend himself against sexual molestation charges at a court hearing.

The federal alternative was to present a Los Angeles grand jury with evidence of alleged criminal activity dating back to July, 1989, the indictment centering on 14 instances when Namihas allegedly billed patients and insurers fraudulently for what were called “unnecessary and improper examinations.” The indictment said that Namihas convinced patients that their health was in jeopardy and obtained victims’ consent to “further, more expensive treatment.” Namihas was arrested in Las Vegas, where he now lives.

An extended statute of limitations in sexual abuse cases in this instance might have resulted in charges of that kind. The problem with extending a statute in sexual abuse cases is that it might involve complaints that come after a long period, once memories have faded and evidence might not be available. So a statute of limitations serves a purpose of discouraging complaints that are not brought quickly.

However, it may be that in certain cases involving doctors or parents--that is, in situations where allegations of abuse violate either implicit or legal arrangements of trust--that an extension of some kind, say an additional two years to file a complaint, may be warranted. In the case of doctors, witnesses may want to come forward as a result of disclosures by others that validate their own personal experiences.

Namihas deserves his day in court on the mail fraud charges, but the frustration of local authorities in airing the sexual abuse component may be a good incentive for the Legislature to examine whether the statute of limitations should be extended.