Lawmakers seek to abolish statute of limitations in rape cases

MASSACHUSETTS
Telegram & Gazette

By Samantha Allen
Telegram & Gazette

Posted Jul. 17, 2015

WORCESTER – The dismissal of charges alleging a man raped a woman in a Worcester alley in 1999 has prompted a state senator to propose the elimination of the time limit to prosecute rape cases altogether.

Sen. Jennifer L. Flanagan, D-Leominster, filed legislation this week to end the 15-year statute of limitations after learning Rudolph A. Williams, 43, with an address listed in Leominster, won’t be prosecuted in Worcester Superior Court for rape and two counts of assault and battery.

Two months ago Mr. Williams was arraigned for a case 16 years old, revived by discovery of a DNA match. The Worcester Police Department received a grant to review old evidence, according to the Worcester District Attorney’s office. When officers got a hit, they tracked Mr. Williams to Palm Beach, Florida, and extradited him back to Worcester County.

District Attorney Joseph D. Early Jr. said even though he knew the January 1999 case fell outside the 15-year limit, if prosecutors could prove the man had been living out of state for any length of time in the last decade-and-a-half, the case could be “tolled,” meaning the statute clock wouldn’t run during those times.

But Mr. Williams kept his Massachusetts address all these years, Mr. Early said, still registering as a Level 1 sex offender in a separate case and paying Massachusetts taxes. When officers found Mr. Williams in Florida, Mr. Early said the suspect claimed to have been on vacation. A judge ruled prosecutors failed to prove beyond a reasonable doubt Mr. Williams had lived outside the state.

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