COLUMBUS, Ohio – The Ohio Senate will take up a House-passed bill to extend the time period for prosecuting some sexual assault cases, including those uncovered through DNA evidence
The bill, co-sponsored by Republican House members Stephanie Kunze of Hilliard and Sarah LaTourette of Bainbridge Township, increases the statute of limitations for rape and sexual battery from 20 to 25 years after the commission of the crime.
“This bill provides a greater opportunity to secure justice for survivors. I am committed to not allowing another day go by where a criminal escapes prosecution for such heinous crimes,” said Kunze (left).
Current Ohio law prohibits the prosecution of rape and sexual battery after the 20-year statute of limitations has expired. If the victim is a minor, the 20-year period begins when the victim turns 18.
The bill also provides an additional five years for prosecution from the time a potential suspect is identified through DNA testing.
The legislation comes as the Attorney General’s Office continues to plow through a backlog of untested rape kits, with numerous cases of DNA matches in a criminal database.
Opponents have told lawmakers they believe the bill is unconstitutional because it creates two classes of offenders — those whose cases involve DNA evidence, and those whose cases don’t.
If a DNA match produces a potential suspect after 25 years of the offense, the bill allows prosecution to begin within five years and, if the determination is made within 25 years of the offense, prosecution may begin within whatever period of time is longer: 25 years after the offense is committed or five years after the determination.