Cite as: 539 U. S. 607 (2003)
Kennedy, J., dissenting
The California statute does not fit any of the remaining Calder categories: It does not criminalize conduct which was innocent when done; it allows the prosecutor to seek the same punishment as the law authorized at the time the offense was committed and no more; and it does not alter the government's burden to establish the elements of the crime. Any concern about stale evidence can be addressed by the judge and the jury, and by the requirement of proof beyond reasonable doubt. Section 803(g), moreover, contains an additional safeguard: It conditions prosecution on a presentation of independent evidence that corroborates the victim's allegations by clear and convincing evidence. Cal. Penal Code Ann. §§ 803(g)(1), (2)(B) (West Supp. 2003). These protections, as well as the general protection against oppressive prosecutions offered by the Due Process Clause, should assuage the majority's fear, ante, at 631, that the statute will have California overrun by vindictive prosecutions resting on unreliable recovered memories. See United States v. Lovasco, 431 U. S. 783, 789 (1977).
The statute does not violate petitioner's rights under the Due Process Clause. We have held, in the civil context, that expired statutes of limitations do not implicate fundamental rights under the Clause. See, e. g., Chase Securities Corp., supra, at 314. For reasons already explained, see supra, at 652, there is no reason to reach a different conclusion here.
The Court's stretching of Calder's second category contradicts the historical understanding of that category, departs from established precedent, and misapprehends the purposes of the Ex Post Facto Clause. The Court also disregards the interests of those victims of child abuse who have found the courage to face their abusers and bring them to justice. The Court's opinion harms not only our ex post facto jurisprudence but also these and future victims of child abuse, and so compels my respectful dissent.
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