STATE TOSSES DEADLINE IN RAPE CASES
Ending of statute of limitations comes in the wake of sexual assault allegations against Bill Cosby.
SACRAMENTO — California has ended its statute of limitations for rape cases after Gov. Jerry Brown on Wednesday signed legislation filed in the wake of sexual assault allegations against comedian Bill Cosby.
Senate Bill 813, filed by state Sen. Connie Leyva (DChino) amends the penal code so that some sex crimes, including rape, forcible sodomy and molestation of a child, can be prosecuted regardless of how long ago the crime occurred.
Leyva lauded Brown’s decision, saying it told every rape and sexual assault victim in the state “that they matter.”
“It shows victims and survivors that California stands behind them, that we see rape as a serious crime, that victims can come forward and that justice now has no time limit,” she said.
The new law will affect only sex crimes that occur next year or later and offenses for which the statute of limitations has not expired by Jan. 1.
In California, the statute of limitations for rape has been 10 years unless new
DNA evidence emerges later. Sex crimes against minors must be prosecuted before the alleged victim turns 40.
The deadlines are meant to ensure that cases are quickly investigated and defendants are tried when memories are still fresh and evidence is available.
It’s unclear how many additional prosecutions the abolition of time limits might bring. And several advocacy groups and associations argued the bill was among those that would disproportionately affect poor and minority defendants with little or no representation.
But supporters of the new law said it would benefit victims who are often reluctant to report the abuse to police until many years later. The reasons survivors do not immediately come forward vary, lawyers and advocates said.
Rape and sexual assault are typically committed by someone known to the victim, making it difficult to talk about the incident, advocates said. And many victims experience shame, fear and extreme anxiety and don’t come forward until they have the confidence or a support system later in life.
The legislation was signed as Cosby, who has said his relationships with his accusers were consensual, is facing trial in Pennsylvania on three felony counts of aggravated indecent assault. It follows a new law in Nevada, which also was inspired by the Cosby case and increases the legal deadline for rape prosecution to 20 years from four.
But Betsy Butler, executive director of the California Women’s Law Center, said advocates have been pushing for such legislation long before women spoke out against Cosby.
“It is exciting for victims, and it puts perpetrators on notice,” she said.