The Akron Legal News

Proposed legislation would extend statute of limitations for rape cases involving DNA

TIFFANY L. PARKS
Special to the Legal News
Published: March 4, 2015

If a bill focused on increasing time limitations for certain sexual assault prosecutions allows for the prosecution of even one rape case, Sen. Jim Hughes, R-Columbus, has said it would be well worth the legislature’s time.

“As a former assistant county prosecutor and bailiff, I have witnessed first-hand the hardships that victims of rape and sexual battery have had to face,” he said. “As legislators, parents and members of the community, it is our duty to strive to protect our children from harm, and see that Ohio law allows for justice to be served.”

Hughes and Sen. Shannon Jones, R-Springboro, introduced Senate Bill 13 into the Ohio General Assembly last Monday.

The bill is a reintroduction of Senate Bill 324 from the last legislature.

That measure, which was also jointly sponsored by Hughes and Jones, stalled after three hearings before the Senate Criminal Justice Committee.

The proposed legislation would extend the period of limitations for commencing a rape or sexual battery prosecution against a person who is implicated in the offense by DNA analysis.

In pushing have the bill signed into law, Hughes referenced data from the National Center for Victims of Crime which indicates less than 50 percent of rapes in the U.S. are reported to police.

Of the reported crimes, 9 percent lead to prosecutions.

Generally, state prosecutions for rape or sexual battery are barred after 20 years.

In the case of a minor, the 20-year time frame would begin when the child turns 18.

SB 13 provides that in a case where DNA analysis implicates an individual, no statute of limitation that otherwise would preclude prosecution of the offense would bar prosecution until a period of time following the DNA implication has elapsed that is equal to the standard statute of limitation.

“I believe our Ohio citizens deserve better,” Hughes said. “If the DNA evidence is there, then these criminals must be prosecuted and held accountable for their actions.”

Hughes said nearly 30 states have some form of a DNA exception to extend time limits for rape prosecution.

According to a fiscal impact statement of the bill, the removal of the period of limitation in the presence of DNA implication may produce a few additional convictions that result in the imposition of a prison term, which would minimally increase the state’s annual incarceration costs.

At the local level, the bill may create a few additional cases annually for county criminal justice systems to process.

Any related increase in costs for prosecution, indigent defense and adjudication are not likely to exceed minimal levels in a given year and would be expected to be absorbed into the daily cost of doing business.

The fiscal impact statement said a negligible annual gain in local court cost and fine revenues may result from the potential increase in rape or sexual battery convictions.

In the last legislature, sexual assault survivors and organizations such as the ACTION OHIO Coalition for Battered Women and the National Center for Victims of Crime endorsed the bill’s provisions.

Mai Fernandez, executive director of the National Center, said prosecuting rapists is critical to a society that takes sexual assault offenses, public safety and justice for victims seriously.

“While there are many barriers to prosecution, a common challenge is the expiration of the criminal statute of limitations,” she said.

“Survivors of rape suffer long-term physical and psychological harm. Many experience flashbacks and nightmares and have trouble concentrating. Some lose their jobs because they can’t focus. Some move to escape memories. The economic impact on the individual and on society is staggering. The effects of rape are long-lasting and can be severe and extend past an arbitrary time limit to bring perpetrators to justice.”

As reported by the Ohio Alliance to End Sexual Violence, Hughes said it is estimated that one in five women and nearly one in 71 men have been raped.

“In the state of Ohio, over 743,000 women are survivors of rape. No child or adult should ever have to have to endure the trauma of this heinous crime,” he said.

“Victims of rape and sexual battery experience a grave emotional, physical and psychological disturbance that frankly I can’t even fathom.”

Hughes said it’s not surprising that many victims need time to heal and open up to friends and family before they can consider testifying before the public about their traumatic experience.

“It is difficult to imagine the further emotional trauma a victim must experience when finally seeking legal action, only to find out that the case has expired due to a 20-year statute of limitations in Ohio law, even though the evidence needed to convict the attacker exists.”

SB 13 has gained bipartisan support from Sens. Gayle Manning, Joe Uecker, Randy Gardner, Peggy Lehner, Kevin Bacon, Larry Obhof, Bill Beagle, Capri Cafaro and Frank LaRose.

The bill is awaiting a committee assignment.

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