DNA Evidence Links Rape Suspect, But Prosecution Hinges on State Law Loophole

DNA Finally Tied a Man to Her Rape. It Didn’t Matter In a case that highlights the complexities of DNA evidence and state laws, Boston police finally tied a suspect to a 17-year-old rape in 2023. However, under Massachusetts state law, the case would be almost impossible to prosecute. According to WBUR's Willoughby Mariano, investigators had been working on the case since Louise was raped in 2006. In 2023, they finally obtained a DNA match for her alleged rapist, but it was too late to bring charges under Massachusetts law. The statute of limitations for rape cases in the state is just 15 years. "This case is a perfect example of how our laws can be a barrier to justice," said Louise, who wished to remain anonymous. "I'm not sure what else I could have done to prevent this from happening." The case has sparked renewed calls for lawmakers to revisit the statute of limitations in Massachusetts. Currently, attempts to lengthen it have failed every year since 2011. "It's a national outlier," said Sarah Tofte, policy director at the National Alliance to End Sexual Violence. "Most states allow some flexibility in prosecuting old rape cases, but not Massachusetts." The Boston Police Department declined to comment on the case, citing an ongoing investigation. However, police reports of rape cases are secret under an unusual state law, making it difficult for advocates and researchers to track trends and identify areas for improvement. In 2023, a bill was introduced in the Massachusetts legislature to extend the statute of limitations for rape cases to 30 years. However, it stalled in committee. "We need to make sure that we're doing everything we can to support survivors of sexual assault," said state Rep. Kay Khan, who sponsored the bill. "This is not just about justice for the victim; it's also about holding perpetrators accountable." The case has also raised questions about the role of DNA evidence in rape investigations. While DNA technology has improved significantly over the past two decades, it can only go so far in solving cold cases. "DNA is a powerful tool, but it's not a magic solution," said Dr. Erin Murphy, a law professor at New York University. "We need to think about how we're using this evidence and what else we can do to support survivors." As the case continues to unfold, advocates are urging lawmakers to take action. "We need to make sure that our laws are working for victims, not against them," said Tofte. "It's time for Massachusetts to join the rest of the country in allowing some flexibility in prosecuting old rape cases." *Reporting by Propublica.*