Kansas joins states with no statute of limitations for cases involving rape
|Monday, April 22, 2013 at 10:25 AM
Kansas lawmakers have removed the statute of limitations for prosecuting cases of rape and aggravated criminal sodomy. Rape cases previously had to be prosecuted within five years, The Kansas City Star reports.
HB 2252 also changes the time frame for when a sexually violent crime involving a victim under 18 years old can be prosecuted: within one year of when the identity of the suspect is conclusively established with DNA, or within 10 years of the date the victim turns 18.
According to the Rape, Abuse & Incest National Network, 31 states had no statute of limitations for certain types of sexually violent crimes as of 2011. That list of states includes five Midwestern states. In Michigan, South Dakota and Wisconsin, the statute of limitations is extended indefinitely in cases of sexual assault or rape of a child. Nebraska’s law applies to all cases of sexual assault; in Indiana, it applies to Class A felony rape. Under a bill introduced this year in Ohio (SB 83), the statute of limitations would be removed for prosecuting cases of rape and sexual battery, the Cincinnati Enquirer reports.
Another option is to keep the statute of limitations, but allow for exceptions when DNA evidence is found. Illinois, Indiana, Iowa, Michigan, Minnesota and Wisconsin are among the states with some type of DNA exception.