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State Legislatures Magazine: May 2000

Editor's Note: This article appeared in the May 2000 issue of NCSL's magazine, State Legislatures. To order copies or to subscribe, contact the marketing department at (303) 364-7700.

DNA Testing Spurs States to Look at Extending Rape Prosecutions

Modern science is driving states to take a hard look at their statutes of limitations when it comes to sexual assault. The reason? DNA testing has become simple, nearly infallible and can identify and lead to the conviction of an assailant in a rape case.

Nevada is the only state known to have allowed for an indefinite statute of limitations in rape cases. The four-year statute of limitations is lifted for crimes reported to law enforcement within the original four years.

A bill just passed by the New York Senate would extend the statute of limitations from five to 10 years in rape cases "when based upon forensic DNA testing." The California Assembly also has passed legislation that would extend its statute of limitations on rape prosecutions from three to eight years.

And a state representative in Michigan is preparing legislation that would scrap the six-year limit on rape and other sexual assaults.

Officials from New York City plan to send 12,000 "rape kits"—boxes that contain evidence samples routinely gathered from victims of skin, saliva or semen from the assailant—to a private laboratory for DNA profiling and to put the results in its databases. New York City began testing all new rape evidence last year and has nearly 1,400 profiles.

In Michigan, proponents admit that the move to drop the statute of limitations in rape cases could encourage more victims to report past crimes. But others warn that the move raises civil liberties problems for defendants.

Other states considering extending limitations are New Jersey and Minnesota, but the proposals do not specify DNA evidence.

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