Sex Crime Statute of Limitations Bill Advances

By Jonathan Cooper
The Register-Guard
April 16, 2015

http://registerguard.com/rg/news/local/32985801-75/sex-crime-statute-of-limitations-bill-advances.html.csp

The Oregon House voted unanimously Wednesday to give prosecutors more time to bring criminal charges in some cases of rape and sexual abuse.

Researchers say sex crimes are under-reported, and the bill’s proponents said victims shouldn’t be denied justice because too many years passed before they felt comfortable going to police.

“It ensures the courthouse doors do not close before a victim is ready and able to report the crime,” said Rep. Jennifer Williamson, D-Portland. “It means that maybe some of those six out of 10 women who don’t report don’t have to suffer in silence and have time to get to the place where they can choose their own path on how to report.”

The bill would extend the statute of limitations to 12 years from six for first-­degree rape, sodomy, unlawful sexual penetration and sexual abuse.

If the victim is a minor, prosecutors would have until his or her 30th birthday to file charges.

The House’s approval in a 59-0 vote sends the measure to the Senate.

Civilizations have long recognized a time limit for punishing people charged with crimes. The statute of limitations is supposed to ensure that prosecutors and defendants both have a chance to collect fresh evidence for a fair trial. As time passes, witnesses lose their memory, die or move away. Documents such as phone records and credit card statements are lost or destroyed.

While nobody spoke against the measure, Rep. Mitch Greenlick said he’s puzzled about how to decide the right amount of time for the statute of limitations. “It turns out, there isn’t any way to decide in any systematic way how you balance the crime with the statute of limitations,” said Greenlick, a Portland Democrat.

Gail Meyer, a lobbyist for the Oregon Criminal Defense Lawyers Association, told the House Judiciary Committee in written testimony that Oregon already has fewer protections for defendants than surrounding states. In Washington and California, defense lawyers get an opportunity to question opposing witnesses before the trial. In Idaho and Nevada, the defendant gets access to a transcript of grand jury proceedings.