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	Limits on Rape Charges Targeted By Charlie Frago Arkansas Democrat-Gazette January 18, 2009 http://www.nwanews.com/adg/News/249817/ Legislation to remove the statute of limitations on rape and first-degree sexual assault faces a stiff challenge when a House committee debates the measure, likely this week. Currently, murder is the only crime that can be prosecuted without any limit on the amount of time that has elapsed since the crime was committed. Rape and first-degree sexual assault now have a six-year limit under the state's statute of limitations, although there are exceptions for DNA evidence and minors. "I agree murder is very serious, but to be raped is as serious," said state Rep. Dawn Creekmore, DHensley, sponsor of House Bill 1058. "I've had many rape victims tell me that they wished they had died that day. It ruined their life." DNA technology has changed the way rape can be prosecuted, she said, allowing older crimes to be prosecuted and victims of serial abusers to have their day in court. "If grandpa rapes all the kids, it used to be he-said, shesaid," Creekmore said. "[If this bill passes], it's not he said, it's 'they said.' They should all have the chance." That's a recipe for false charges and Hail Mary defenses, say defense lawyers who say they'll vigorously oppose Creekmore's bill. "It's a horrible idea," said Jeff Rosenzweig, a Little Rock attorney and chairman of the legislation committee for the Arkansas Association of Criminal Defense Lawyers. "It would just green-light all sorts of abusive prosecutions." Witnesses die and evidence decays or is lost over the years, he said. And, unlike murder, a rape victim is left alive to report the attack. The Legislature has tweaked the law several times over the years: to allow minors who were raped under age 18 to have until they turn 24 to come forward and to stop the statute of limitations clock if DNA evidence isn't a direct match, he said. The U.S. Supreme Court has ruled repeatedly that rape is not the same class of crime as murder. Rapists can't receive the death penalty, for instance, he said. "Rape is a very serious crime. It's just not as serious as murder," Rosenzweig said. Removing the time frame for prosecution would open the door to turning nasty family feuds into criminal cases, he said. "I guarantee if it passes - when the family is arguing over grandma's will - someone will say 'unless you give me X or Y I'll file a rape charge for the thing,'" Rosenzweig said. Chuck Lange, executive director of the Arkansas Sheriffs' Association, said he had no problem with Creekmore's proposal. "I'm not too sure about the statute of limitations anyway," Lange quipped. "There are those who need to be locked up, and [rapists] would be right up in there." Historically, murder had a special place in criminal law, said Felecia Epps, a law professor at the University of Arkansas at Little Rock's W.H. Bowen School of Law. "The purpose for the statute of limitations is that, after a certain point, the defendant has some repose ... enough time has passed," she said. And she is concerned about fairness to defendants if time limits are removed. "There are other types of evidence that are important besides DNA, like witness testimony. As time passes, people don't remember things as accurately," Epps said. On the other hand, the violence of rape and the trauma inflicted on its victims shouldn't be underestimated, she said. "I can understand the feelings of rape victims," she said, adding that the rash of clergy sexual abuse cases in the Roman Catholic Church that came to light over the past decade is an example of how the statute of limitations worked against justice. "They're good examples of serious crimes that went unpunished because, in many cases, too much time elapsed before victims stepped forward," Epps said. Steve Harrelson, chairman of the House Judiciary Committee, said Creekmore's bill probably will be debated Thursday. The Texarkana Democrat said he's "inclined to support it," but he wants more information about its potential financial cost. "More people will be prosecuted and incarcerated, and that will cost money," he said. Harrelson and Epps said they weren't aware of any other state that has removed the statute of limitations for rape, which only heightens the potential interest in the bill. "It ought to be a pretty good debate," Harrelson said.
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