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	Bill Proposed to Lift Rape Statute of Limitations By Nannette Miranda ABC30 [California] February 8, 2007 http://abclocal.go.com/kfsn/story?section=state&id=4937875 There's a move in Sacramento to lift the statute of limitations on rape. Current state law allows for charges to be brought up to 10 years after an assault occurs, but a victim's rights group says the crime is so serious it should garner the same prosecutorial time frame as murder. Workers at the offices of the California Coalition Against Sexual Assault say it's time to abolish the statute of limitations for rape, which is 10 years. They're sponsoring a bill by Democratic Assemblywoman Sally Lieber to change the law. Suzanne Brown-McBride, CA Coalition Against Sexual Assault: "The statute of limitations doesn't serve to promote justice. It merely keeps some people out of the system who should have a fair hearing." If they have DNA samples , prosecutors have been getting around the statute of limitations law by filing cases against a "John Doe" who had a specific genetic sequence. That's what happened in an August 1994 case where investigators only had DNA, but not the identity of the suspect known as the "Second Story Rapist." With one month left before the statute of limitations ran out, which was six years back then, they filed a "John Doe" case. Laurie Earl, prosecutor, October 24, 2000: "Once you file it and preserve the statute from running, it's an unlimited time period." A search of the state DNA database resulted in a cold hit one month after the statute of limitations would have run out. Paul Robinson was eventually convicted of five 1994 rapes thanks to that John Doe filing. The proposal would also preserve other forms of evidence should there be a break in the case. And victims could come forward at any time no matter how long it had been since the rape occurred. All the more reason the bill is getting support from tough-on-crime Republicans. Assemblyman Todd Spitzer is a former prosecutor and policeman who says victims need the time. Assm. Todd Spitzer (R) Orange: "Victims in these crimes, unlike any other crimes, have a difficult time confronting that particular abuse." Some criminal defense attorneys say lifting the statute of limitations would lead to more wrongful convictions because witnesses aren't reliable so many years later. Michael Chastaine, criminal defense attorney: "And you have no way of actually proving you're innocent in most situations. That's why there's a statute of limitations." The state Legislature tried to lift the statute of limitations on rape once before during priest sex abuse scandals. But the U.S. Supreme Court struck it down, saying it couldn't be retroactive. This proposal would only apply to new crimes.
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