New Laws Aid Rape Victims, Felons Register DNA

Two new laws signed on Wednesday ended the statute of limitations for rape crimes in New York State, and requires convicted felons to submit a DNA sample for cataloging.

“Previous laws allowed rapists to avoid prosecution by running from law enforcement,” says New York State Senator John J. Flanagan (R-Smithtown), a sponsor of the bill. “This new law puts an end to this ludicrous practice. Rape victims deserve our protection and our laws must reflect the idea that the victims are the ones whose rights are important.”

The first of the two new laws will eliminate of the statute of limitations for Class B felony sexual assault crimes, including first-degree rape and first-degree criminal sexual act (formerly called sodomy), first-degree aggravated sexual abuse and first-degree charge of sexual conduct against a child. This allows law enforcement officials to prosecute felons for the crimes regardless of the passage of time. Previously, 5 years prior to the incident prosecutors could no longer charge a suspect.

In addition, victims of rape will now have up to five years to pursue civil action against their assailants, either after the incident or five years after criminal proceedings.

The second of the two new laws requires that all convicted felons, as well as those convicted of 18 common misdemeanors, must submit a DNA sample to the state.

“DNA is today what the fingerprint was years ago,” Flanagan says. “This will help in unsolved cases, will lead to quicker capturing of criminals and should help the police protect our community.”

The DNA samples will be collected and added to the state’s DNA Databank of all felons, located at New York State Police Forensic Investigation Center in Albany.