Gov. Healey Proposes Eliminating Rape Statute of Limitations for DNA Matches — ProPublica

Massachusetts Gov. Maura Healey desires to remove the 15-year deadline to prosecute rape in instances the place there’s a DNA match.

Present Massachusetts regulation bars rape prosecutions in older instances, even when DNA testing has recognized a suspect.

An investigation final yr by WBUR and ProPublica discovered that almost all different states enable extra time to cost rapes or related assaults of adults than Massachusetts. A lot of these 47 states prolonged their deadlines in current a long time as DNA know-how helped remedy outdated instances and as proof mounted that police had failed to completely examine rapes.

The WBUR-ProPublica investigation adopted the story of Louise, a lady who had been raped and stabbed after accepting a trip in 2005 from a person who mentioned he acknowledged her from faculty, a police report mentioned. Though DNA testing would later join a person accused of a number of assaults to her case, prosecutors needed to drop costs in her assault below Massachusetts’ statute.

(WBUR doesn’t establish victims of sexual assault with out their permission. We agreed to establish Louise by her center identify.)

Healey’s proposal would remove the statute of limitations for rape instances when DNA proof exists.

“With technological advances, new proof is being collected and examined on daily basis, and we’d like to verify our judicial system retains tempo,” Healey mentioned in a written assertion on Saturday. “I hope this proposal will assist survivors who’ve needed to wait far too lengthy for justice, whereas additionally enhancing our capacity to carry offenders accountable.”

The brand new language is a part of Healey’s funds proposal for the 2027 fiscal yr. The availability should go each chambers of the Legislature. It will take impact for instances during which the statute of limitations has not but expired and future sexual assaults, however it will not have an effect on older instances.

Legislators have tried to go related proposals each session since 2011, WBUR discovered, however these efforts have failed partially as a result of protection attorneys have opposed modifications, saying an extended deadline dangers violating the rights of the accused. State Rep. Adam Scanlon, who has launched laws to create a DNA exception since 2021, mentioned media consideration helped push the problem ahead once more this yr.

He mentioned Healey’s “invoice is mostly a testomony to victims to make sure that of us which might be in the identical scenario by no means must undergo the method of seeing any person having the ability to stroll away from an alleged rape once they know — once we know as a society — that DNA proof connects them to that crime.”

That Healey, the state’s former lawyer common, is backing the modifications offers new hope for victims, mentioned Louise, the girl featured by WBUR as a part of its investigation. She was raped and repeatedly stabbed, a police report mentioned. However DNA proof didn’t match her assault to a suspect for 17 years.

“ There are a number of of us which have missed out on having justice. We received’t get to have that day once we know that our perpetrators should not going to get us,” Louise mentioned.

Prosecutors alleged in 2022 that Louise’s attacker was a serial rapist. DNA from Ivan Cheung, a Boston-area man who labored within the monetary companies business on the time of his arrest, additionally matched a 2006 stabbing and rape, courtroom information present. However that assault was additionally past the state’s statute of limitations by the point the match was made.

Cheung has repeatedly maintained his innocence. His lawyer didn’t reply to WBUR’s requests for remark.

Louise determined to advocate for survivors like her after Cheung’s prosecution failed. In June, she testified publicly earlier than a state legislative committee in help of Scanlon’s invoice.

She mentioned she’s glad that the governor heard the voices of her and different survivors.

“I’ve lovely members of the family, younger girls,” Louise mentioned. “I care about all of the youth in the neighborhood. I need all of them safer.”