Bill would extend the statute of limitations on rape, sexual battery

By Marc Kovac | March 28, 2015 at 12:02a.m.

COLUMBUS

Victims of rape or sexual battery would be allowed to pursue criminal charges against their attackers long after incidents, under legislation approved by the Ohio Senate.

SB 13 moved on a vote of 32-1 and heads to the Ohio House for further consideration.

“I believe that this bill will help these victims of assault seek that justice that they so rightly deserve and at the same time aiding law enforcement in the prosecution of these horrific crimes,” said Sen. Shannon Jones, a Republican from Springboro, a primary co-sponsor of the bill.

The bill would extend the statute of limitations on such crimes if DNA analysis of evidence identifies the offender.

Under current law, prosecution of rape or sexual-battery crimes generally must begin within 20 years of an offense. Under SB 13, victims could pursue criminal charges after the 20-year mark if DNA evidence pinpoints a particular perpetrator. Upon identification of the latter, victims would have five years to seek convictions.

“Our victims deserve better,” said Sen. Jim Hughes, a Columbus Republican, also a primary co-sponsor of the legislation. “The DNA evidence is there, and these criminals must be prosecuted and held accountable for their actions.”

The legislation includes an emergency clause, meaning it would take effect as soon as the governor added his signature.

That’s important, the bill’s sponsors said, because some evidence being tested for DNA matches by state investigators is reaching the 20-year limit.

Jones said the Bureau of Criminal Investigation has 880 rape kits submitted for testing for crimes committed 17 to 19 years ago, bumping them up against the existing statute.

Another 390 come from crimes committed 19 or more years ago.

“Time is of the essence that we allow a pathway that is reasonable for these victims where technology and science are allowing us to identify a specific person to receive their justice in court,” Jones said.

More than two dozen other states already have comparable DNA exceptions in place.