If you or a loved one survived a rape but did not immediately bring charges against the abuser, you may wonder if too much time has passed to seek justice. Whether or not you'll be able to file suit against a sexual abuser depends on the laws of your state or the state where the abuse took place.
It may seem overwhelming to determine jurisdiction and time frames. Understanding how the statute of limitation rules apply to your situation will be key in helping you proceed with seeking justice.
What Does Statute of Limitations Mean?
The statute of limitations refers to the time you are allowed to initiate a lawsuit after an alleged offense. For instance, if you were involved in a car crash in the state of Ohio, you'd have two years from the date of your crash to file a claim against the other parties involved.
Statutes of limitations vary by state and by the types and severity of crimes and offenses. While it may seem unfair that a statute of limitations even exists, having them ensures that evidence is preserved and that parties to the incident have a clearer memory of the events as they occurred.
The statutes of limitations that govern rape vary from state and within each state. For instance, felony-related sex offenses may not carry a specific statute of limitations unless they fall under a particular part of a state's penal code. Some states may also allow for an extension of the statute of limitations from the date that DNA evidence identifies an abuser.
What happens, then, if an abuser cannot be located or identified within the statute of limitations? Is the survivor of their crime unable to bring suit? In these cases, the statute of limitations may be tolled.
What Does Tolling the Statute of Limitations Mean?
If a statute of limitation is tolled, it means it is stalled or placed on hold. This most often happens if a criminal is on the run and unable to be apprehended or located. If this happens, the court may decide that even though a statute of limitations has run, the survivor of the abuser's crime is still able to file suit against them because they've been missing since the crime.
It's important to understand that there are numerous different crimes involved with sexual abuse and rape. If you or a loved one has been raped, understanding how rape is defined in your state and the corresponding statute of limitations will be important to your case.
What Is the Definition of Rape?
When abuse takes place, it can be hard to understand what has happened. There are many different definitions of abuse, and rape is only one of them. Rape is clearly defined by the United States Department of Justice as "the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim."
This definition is inclusive of all genders and includes penetration by objects in addition to body parts. It also includes the inability to give consent due to unconsciousness due to drugs, alcohol, or any other form of impairment. The definition is broad and inclusive to protect and support more survivors of this type of abuse.
In addition to this broad definition, the statute of limitations on rape in most states is also broad.
Is There a Statute of Limitations on Rape?
In the state of Ohio, the statute of limitations on rape is 20 years. However, that statute can change if there is DNA evidence that results in a John Doe indictment. This means that DNA evidence has been collected for an unknown perpetrator, allowing the prosecution to ignore the statute of limitations while law enforcement searches for them.
It's important to note that no allowance in the statute of limitations covers a survivor's decision not to report the crime sooner. The emotional toll of surviving rape can cause some survivors to delay reporting or to choose not to report at all. In addition, the trauma of reliving rape makes it difficult for victims to come forward and testify/confront the perpetrator.
Unwillingness or inability to report a rape may be especially difficult for victims of statutory rape.
What Is Statutory Rape?
Statutory rape is a generic term used to describe sexual abuse against a minor. In this case, a minor is defined as a person who cannot legally give consent. The age of minors unable to give consent for sexual intercourse varies by state but is usually defined as someone who is between the ages of 16 and 18.
Can I Report Statutory Rape Years Later?
If a person is a survivor of statutory rape, the statute of limitations is 12 years from the date the survivor turns 18. However, House Bill 124 has been introduced and is being reviewed by an in-house committee. This bill would eliminate the statute of limitations for victims of rape and would also extend the statute of limitations for survivors of childhood sexual abuse until they reach age 55.
The movement to eliminate the statute of limitations on rape and statutory rape can help allow more survivors to seek justice for their abuse. It would also ensure that cases that do not involve DNA evidence would still be able to be prosecuted at later dates.
What Is the Role of DNA Evidence in Rape Lawsuits?
DNA is extremely important in rape cases. Having DNA to support a person's claim of abuse can help ensure that prosecution is not delayed and that the perpetrator is brought to justice faster. Even though it can be difficult and uncomfortable for the survivor, it is of extreme importance to head to a local medical center or hospital and get a rape kit after any type of suspicious sexual activity, whether or not a person is ready to come forward and report it.
Steps Taken by the Ohio State to Hold Rapists Accountable
In the state of Ohio, rapists are held accountable to the furthest extent of the law. The Bureau of Criminal Investigation (BCI) has three separate units that work to continue searching for abusers to put them to justice.
- The Cold Case Unit Supervisor and four BCI special agents continue to work on cold case sexual assaults.
- The Criminal Intelligence Unit Supervisor works with 16 analysts across the state to continue to collect data and information concerning criminals and associated cases.
- The DNA Unit Supervisor and a team of nine forensic scientists work to bring new technological advances to cases that contain already-tested rape kits to uncover new information and leads.
This collaboration of team members works at the state and local level to bring abusers to justice and help survivors recover from their abuse.
Healing and Recovery: How to Move Forward After Experiencing Rape
When a rape occurs, the survivor is left with a mountain of fears, emotions, and decisions they did not expect. Seeking both professional help and the support of loved ones and friends is essential to move forward. Coming forward with their story of survival and recovery with groups of other survivors can also be healing and therapeutic.
Looking for support groups and sexual assault resources that other survivors have found to be beneficial can help survivors feel empowered and reclaim their voices.
