DNA Evidence Tied a Man to Her Rape, but Massachusetts Law Blocked Prosecution
A Boston-area rape case highlighted the state's strict statute of limitations, which prevents prosecution after 15 years, even with new evidence.
In 2018, DNA evidence tied a man to a rape that occurred in 2007. However, under Massachusetts law, it was too late to prosecute the suspect. The victim had reported the crime shortly after it happened but did not identify her attacker until 11 years later when DNA evidence linked him to the crime.
The case drew attention to the state's statute of limitations for rape cases, which is one of the shortest in the country. Massachusetts law prohibits prosecution of rape suspects after 15 years, even if new evidence emerges that could lead to a conviction.
"It's frustrating because we know there are victims who have been silenced for too long," said Sarah Colborne, executive director of the Boston-based organization Jane Doe Inc., which advocates for survivors of domestic violence and sexual assault. "We need to change this law so that justice can be served."
Colborne's organization has been pushing for a bill to extend the statute of limitations for rape cases, but attempts have failed every year since 2011.
Supporters of the current law argue that it provides certainty for defendants and helps prevent wrongful convictions. However, critics say it denies victims their right to seek justice.
"This law is a relic of a bygone era," said state Rep. Marjorie Decker, who has sponsored bills to extend the statute of limitations. "We need to update our laws to reflect the reality that DNA evidence can be used even years after a crime occurred."
The case also highlighted the secrecy surrounding police reports of rape cases in Massachusetts. Under an unusual state law, these reports are not publicly available.
The victim's lawyer said she was disappointed by the outcome but understood the limitations of the law.
"We did everything we could to bring this case forward," said the lawyer, who wished to remain anonymous. "But ultimately, it was up to the district attorney to decide whether or not to prosecute."
The case remains a rare example of the impact of Massachusetts' strict statute of limitations on rape cases. As advocates continue to push for change, the debate over the law's effectiveness and fairness continues.
In related news, a bill to extend the statute of limitations is expected to be reintroduced in the upcoming legislative session.
*Reporting by Propublica.*