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After several months of impasse, lawmakers in Albany finally
reached agreement on several major issues affecting rape victims
late last week, just two days before the end of the legislative
session. The legislation expands the DNA database, repeals the
five year statute of limitations in criminal felony rape cases,
extends the statute of limitations for civil sexual assault from
one to five years and toughens sentencing. While the legislation
is not yet signed into law, it is fully expected to be since
Governor George Pataki initiated proposals on these issues and
actively lobbied for their passage. After the agreement was
reached Pataki told the Times Union, “I can almost
guarantee we will have a significant drop in violent crime next
year.”
Expansion of the DNA database was supported by two recent
studies conducted by the New York State Division of Criminal
Justice Services which found that more than 80% of the hits
linked to sexual assault cases through the DNA databank were
based on a prior conviction for an offense other than a sex
related offense (e.g. larceny, burglary or drug
sale/possession). The DNA provisions of the legislative
agreement expand New York’s DNA database which previously
authorized the inclusion of genetic material from only the most
violent offenses. The deal reached expands the sample pool to
include all those convicted of felonies and some misdemeanor
convictions. The Governor had sought to include DNA samples from
anyone convicted of a crime. As a compromise legislators agreed
to include petty larceny, a misdemeanor that Pataki had
highlighted as a crime that was often committed by people who
went on to become more-violent offenders, according to the
New York Times.
The statute of limitations was another issue which took lengthy
negotiations to resolve. Advances in DNA have prompted many
states to extend or repeal their statutes of limitations on
rape. Currently New York has one of the shortest statutes of
limitation on rape in the nation at five years. Only Florida,
North Dakota and Utah have shorter time limits than New York. As
many as 350 rapists have been identified by DNA in New York but
cannot be prosecuted because of the state’s statute of
limitations, according to the New York Post. The original
legislation introduced in New York earlier this year included
the repeal of both the criminal and civil statutes on rape. Some
felt the inclusion of the civil repeal was intended to undermine
passage of the criminal statute. In the end, the criminal
statute on rape was repealed altogether and the civil statute on
rape was extended from one to five years.
Sources:
“Pataki Targets Sexual Crimes,” Associated Press, January 6,
2006.
“Painful History Prompts New Bill,” Gannett News Service, May
11, 2006.
“Sex-Rap Statute Frees 332 Fiends,” New York Post, May
16, 2006.
“Governor Calls for Assembly to Focus on Expansion of DNA
Databank Before End of Legislative Session,” a press release
issued by Governor George Pataki, June 7, 2006.
“New York’s Crime Against Women,” Op-ed piece in New York
Times, June 18, 2006.
“Klein: Time's Up on Over 800 Additional Statewide Rapes - More
Than 2300 Cases Can Never Be Prosecuted”, a press release issued
by New York State Senator Jeff Klein (D-Bronx/Westchester), June
18, 2006.
“Tentative Agreement Follows Acrimony Over DNA, Rape,”
Associated Press, June 20, 2006.
“State Lawmakers Reach Accords,” New York Times, June 21,
2006
“Lawmakers scrap limitations on rape cases, ”Newsday,
June 21, 2006.
“Last Minute Business,” Times Union, June 22, 2006.
“2006 legislature Makes New Yorkers safer, but richer?” Times
Union, June 24, 2006
Click here to view rape statute of limitations laws by
state. |
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