Challenging Indiana's Rape Law - Part 2: Indiana's statute of limitations

By Megan Hickey
WNDU
July 03, 2015

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Changes to Indiana's rape law passed this spring closed some serious loopholes when it comes to the state's statute of limitations.

One of those technicalities allowed an Indiana woman's confessed rapist to walk free in 2014.

Still, some victims argue that the law doesn't go far enough.

At least 20 states and several territories have no statute of limitations when it comes to reporting and prosecuting rape and sexual assault cases.

Indiana victims have just 5 years -- unless new evidence is brought forward or a confession is made, thanks to recent legislation.

Some victims argue that putting a limit on prosecution does more to protect Indiana's rapists than the victims themselves.

Jenny’s Law

Jenny Wendt Ewing was raped as a student Indiana University Purdue University Indianapolis back n 2005.

While she never reported the incident, the man who raped her confessed the crime to police in 2014.

Detectives initially sought prosecution, but according to Indiana law the statute of limitations had run out a full four years before the crime was reported and the man was allowed to walk free.

A Senate bill signed into law this April -- now dubbed "Jenny's Law" -- closed that loophole.

Now, new evidence or a confession gives prosecutors an additional 5 years to follow through with charges.

But it did not eliminate the statute of limitations altogether, which some victims consider is a huge mistake.

Victims move to change the statute

“I think that we need to be more proactive and protect the victim,” said Keith Morris a victim advocate and sexual abuse victim himself. “The way our statute is now, it protects the perpetrator.”

Morris, who now lives in Anderson, Ind., knows the realities of sexual abuse all too well. From the ages of 13 to 15, a male church leader repeatedly sexually abused him.

“I remember walking up to a police officer and wanting to tell him what was going on,” Morris said of an experience traveling with his abuser. “But when I got to the police officer , I just kind of froze thinking that he's not going to believe such a story from a 15-year-old kid. So I said nothing.”

Several years went by before Morris could even speak about it.

“Rape only happened to women and it was almost always used in the same sentence with murder,” he said of the attitude towards sexual abuse in previous decades.

More than 30 years later, he tracked down his abuser, but the statute of limitations had long run out.

The same is true of Joy Evans Ryder, an Indiana native who was raped by her youth pastor at the age of 15.

“It was by someone that I loved and trusted and I didn’t understand that it was a criminal act,” said Ryder, who now works as a victim advocate.

Several decades passed before Ryder was able to talk about the sexual abuse. And by that time, her window to prosecute in Indiana had closed.

“The guy has not served one day in prison,” she said. “So I want to help other people be able to have that.”

Neither Morris nor Ryder can find relief in Jenny's Law; they didn't have evidence collected and the law doesn't apply retroactively.

But they believe future victims should have as much time as they need to deal with the emotional and physical scars of sexual abuse before going to police.

“For myself, it was decades,” Ryder said. “I’m one of those and there are statistics that say it takes one to two decades for people to really feel comfortable and strong enough to come out and speak out about their abuse. We want to do that sooner rather than later in order to seek justice.”

Victims like Morris and Ryder continue to push Indiana legislators to move to a no statute law.

“I had some legislators tell me ‘Be happy with what we got. It’s Indiana politics. We need to get this in place and then build on it,’” Morris said.

Both advocates hope the next legislative session will bring another opportunity build on the newest legislation.

“It seems to make it about the rapist and putting all that on them and not the victim,” Ryder said. “It’s got to be about the victim. They're the ones that need our help and the laws need to back that up.”

In the meantime, Morris and Ryder said it's crucial for new victims to take advantage of sexual assault evidence collection kits and to seek therapy.

In St. Joseph Co. SOS provides a 24-hour crisis hotline, medical and legal advocacy, counseling, risk reduction and community outreach programs.

SOS Hotline: 574-289-HELP
YWCA Women’s Shelter: 574-232-9558
St. Joseph Co. Prosecutor’s Office: 574-235-9544
Family Justice Center: 574-234-6900
Special Victim’s Unit: 574-235-7818
Dept. of Child Service: 800-800-5556, 574-232-3042