State Hopes to Scrap Five-year Limitation on Rape Prosecution

NEW YORK—There are 833 cases of rape in New York—including 687 cases in New York City—that have now gone over the five-year statute of limitations. Put simply, that means a sexual predator who committed rape in 2001, but managed to not get caught or convicted can now walk free from the law, regardless of incriminating evidence or witnesses that might surface. The figures were tallied by State Senator Jeff Klein (D-Bronx/Westchester), who is pushing for the State Assembly to put aside politics and compromise on legislation that would get rid of the five-year statute of limitations.

"We cannot keep giving rapists a 'get out of jail free' card simply because they manage to evade capture for five years," said Sen. Klein, addressing the media in front of the State Supreme Court building last Sunday.

The two state legislative bodies, the senate and the assembly, have both passed different legislation repealing the statute. Both legislations would end the statute on rape for criminal cases, but the assembly's legislation would additionally repeal the statute for civil cases. Now, as the state legislative session in Albany comes to an end this week—not to reconvene again until January 2007—the five-year statute could remain if the two legislative bodies do not come to a compromise.

"It doesn't really matter which one passes," said Sonia Ossorio, of the National Organization for Women, which advocates for the elimination of the statute. "Frankly, I'd like them [the assembly and the senate] to come together and compromise a little bit."

The idea of repealing the five-year statute of limitations of rape was overwhelmingly popular in both the senate and the assembly, with the senate passing legislation repealing the statute by a vote of 60 to 1 in February, and the assembly passing different legislation repealing the statute by a vote of 139 to 1 in May.

Most state lawmakers feel that the statute on rape, which originates from the 1800s, was meant to guard against fading memories and false accusations. Now, however, with advances in forensic science and DNA testing, it is possible to identify criminals years and even decades later.

"In the 1800s, people were afraid that memories fade. Now memories may fade, but DNA does not," said Sen. Klein.

Only six other states in the country have a five-year or shorter statute of limitation on rape.

Despite almost universal support and few arguments to the contrary, Sen. Klein, who has been pushing the repeal of the statute since 2002, fears that the statute will go untouched for yet another year in Albany. He sites "intentions that are impure."

More specifically, it's partisan politics, says State Senator Diane J. Savino (D-Brooklyn/Staten Island), who co-sponsored Sen. Klein's legislation. She believes that since this is an election year, the assembly and the senate are purposely not agreeing. By not pushing the issue, the Republican-controlled senate—who introduced legislation first—can say they are being tough on crime and the Democrat-controlled assembly are standing in the way. Meanwhile, the assembly can blame the senate for trying to take away rape victims' right to sue the rapist on civil grounds.

Senators Savino and Klein, who are part of the senate's Democratic minority, have stepped outside partisan lines, calling on their Democratic colleagues in the assembly to stop pushing civil liability.

Sen. Klein feels its up to the assembly to stop pushing the civil aspect of their legislation and just make sure that the criminal aspect gets taken care of. He pointed out that for there to be any civil charges there first needs to be criminal charges. "I think civil litigation is important, but first and foremost we need to make sure they can be prosecuted as criminals," he said.

Sen. Savino said, "Before we go home next week, it is imperative that we enact legislation that will end this travesty of justice against those who have been victimized by a violent sexual predator. This isn't a complicated issue."