Dear Feministing community,
I need your help, advice, hints, anything.
I live in California, and have been reading a lot lately about the heartbreakingly large backlog of untested rape kits sitting in the state's police departments. As the economy here gets worse, and more and more cuts are made (several departments in my area have put down their cold case departments), I fear many victims will never get justice. A big reason their cases will never be heard is that there is a statute of limitations on rape cases.
California's is 10 years, which seems like a long time, but when you figure in bureaucracy and budgets, it can take at least that long for something to happen. I would like to try to get a proposition on next year's ballot eliminating the statute in cases where there is a usable DNA profile. As I understand it, the statute was put in place to prevent unfair convictions based on faulty eyewitness identification. But an accurate DNA profile changes everything.
I know this will do no good for most rape victims, who get raped by people they know. But any dent in the sadly large number of rapes that go unpunished is good. Moreover, this particular proposition would hopefully not mess with our economy further; it would just give cops and prosecutors more time in a budget crunch.
I have a few contacts in local law, but I am looking for local groups who might back me on this. Also, I would really love to get a good legal opinion on this.
Can any of you amazing folks help?
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If there is a rape kit, that means the sexual assault was reported and evidence gathered generally within three days after the assault.
Considering that most statute of limitations are measured in years and not days the question then becomes what is the statute limitations AFTER the kit has determined a suspect.
The bellow website states that if the DNA is tested and a suspect found then there is one year to bring charges.
http://www.legalmatch.com/law-library/article/california-statute-of-limitations-on-sexual-abuse.html
So, legally I don't think there is a statute of limitation problem for the untested kits yet. A problem could develop if the kits are tested all at once and the court system is log-jamed with too many cases.
The thing to do then would make sure there is money for more prosecutors, public defenders and judges to make sure the cases can move through the system.
The statute of limitations is applied from the time a crime is committed, not from the time evidence is collected or analyzed.
I believe there are reasons beyond those of economics and a lack of resources as to why rape cases are not pursued more vigorously.
Akwhit. Though I know little about the law in these cases...I would just like to say that I applaud your actions! So if there are any petitions etc. to sign, please let me know!!
I live in the UK and the situation is the same here. Ridiculously low time limits in which to report.
I am a survivor of sexual abuse in childhood, which is of course - very hard to prosecute. First because the survivor is usally an adult before they disclose and second - there is usually no DNA evidence because the adult does not disclose until years after the rape/s. Of course - if the rape of the child was reported at the time and DNA was taken...then I hope it can be used in prosecution at any time.
I just know that for me - time is running out. I am STILL dealing with the effects of my abuse and by the time I feel confident enough to prosecute, it will probably be too late. Many women's and survivor's groups are trying to do what you are doing here in the UK, also. So I am very thankful for your efforts! More power to you and please let us know the outcome!
has it been established that rape cases are not pursued vigorously?
the above response was in response to wiccaman's post.
wouldn't a longer statute of limitations only make justice slower, since the prosecutors would figure they always have time to get to those crimes?
Hi akwhit,
are you familiar with the feminist org, The New Agenda? Here's a link to their blog:
http://thenewagenda.net/blog/
A large part of their mission is to get feminist women in touch with other feminist women in their area. They may be able to help you get in touch with other CA women who are interested in helping you research this.
As a woman who's been unemployed for months and has lowered my standards to house cleaning, canvassing in the rain and jobs less than my dream, seeing more and more job posts on Craigslist in Washington State just like this Maine one, it makes me furious! Is it just the summer up north that make bikini and pastie coffee shops and car washes (which require full body pics to apply)so appealing? No one wants to be sprayed with boiling coffee or oogled at by trogladytes... but in this economy women will debase bedroom furniture themselves for good tips. It is not empowering to have managers judge prospective employers on age, weight and cup size.
As a woman who's been unemployed for months and has lowered my standards to house cleaning, canvassing in the rain and jobs less than my dream, seeing more and more job posts on Craigslist in Washington State just like this Maine one, it makes me furious! Is it just the summer up north that make bikini and pastie coffee shops and car washes (which require full body pics to apply)so appealing? No one wants to be sprayed with boiling coffee or oogled at by trogladytes... but in this economy women will debase bedroom furniture themselves for good tips. It is not empowering to have managers judge prospective employers on age, weight and cup size.
Does the statute of limitations refer to how long a person has to make a police report, to file a lawsuit, or something else? Does it vary on the nature of the assault (rape vs the different levels of sexual assault?) because I was told I couldn't do anything about a doctor who groped me since it was four years later by the time I went to the police. I told them then I at least want to give them a statement to go on record in case there were any other women who wish to take action. The police just looked at me like I was weird and I was brushed off.
You need to check your states statutes as there are some variations from state to state.
Or if you trust a cheat sheet, go here:http://www.ndaa.org/pdf/sexual_assault_statutes.pdf
The sheet is a little limited as some states have separate statutes for 'rape' and 'sexual assault/abuse.'
Georgia is a key example, where by statutes only a females can be 'raped', males are sodomized.