Cite as: 539 U. S. 607 (2003)
Kennedy, J., dissenting
change is that Stogner may now be prosecuted, whereas prior to the statute the prosecution could not have taken place. These illustrative examples, then, suggest the second Calder category encompasses only the laws which, to the detriment of the defendant, change the character of the offense to make it greater than it was at the time of commission.
The majority seems to suggest that retroactive extension of expired limitations periods is " 'arbitrary and potentially vindictive legislation,' " ante, at 611 (quoting Weaver v. Graham, 450 U. S. 24, 29, and n. 10 (1981)), but does not attempt to support this accusation. And it could not do so. The California statute can be explained as motivated by legitimate concerns about the continuing suffering endured by the victims of childhood abuse.
The California Legislature noted that "young victims often delay reporting sexual abuse because they are easily manipulated by offenders in positions of authority and trust, and because children have difficulty remembering the crime or facing the trauma it can cause." People v. Frazer, 21 Cal. 4th 737, 744, 982 P. 2d 180, 183-184 (1999). The concern is amply supported by empirical studies. See, e. g., Summit, Abuse of the Child Sexual Abuse Accommodation Syndrome, in 1 J. of Child Sexual Abuse 153, 156-163 (1992); Lyon, Scientific Support for Expert Testimony on Child Sexual Abuse Accommodation, in Critical Issues in Child Sexual Abuse 107, 114-120 (J. Conte ed. 2002).
The problem the legislature sought to address is illustrated well by this case. Petitioner's older daughter testified she did not report the abuse because she was afraid of her father and did not believe anyone would help her. After she left petitioner's home, she tried to forget the abuse. Petitioner's younger daughter did not report the abuse because she was scared. He tried to convince her it was a normal way of life. Even after she moved out of petitioner's house, she was afraid to speak for fear she would not be
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