Massachusetts Extends Rape Prosecution Deadline for DNA-Matched Cases
Massachusetts will no longer enforce one of the strictest rape prosecution deadlines in the U.S. after Gov. Maura Healey announced she will sign a bill allowing indefinite charges if DNA evidence links a suspect to a crime, according to a state budget document reviewed by WBUR.
What Changes Under the New Law?
The law eliminates the 15-year statute of limitations for rape cases where DNA evidence identifies a suspect, a shift from current state law that barred charges after that period. Prosecutors must still file charges within 15 years if a DNA match is made during that window, as per the bill’s language.
“Today, DNA evidence can provide new answers years later, and our laws should reflect that reality,” Healey said in a statement, citing the need to “give survivors another path to justice.”
Why Did Massachusetts Have a Strict Deadline?
Massachusetts was among the few states with a 15-year limit for adult rape cases, according to a ProPublica analysis. Forty-seven other states allow longer deadlines, often extended in recent decades as DNA technology advanced and studies revealed systemic underreporting of sexual assaults.
Defense attorneys previously argued that prolonged deadlines risked violating the rights of the accused, but advocates for survivors emphasized that delayed justice was equally harmful. “This was a long process driven by survivors,” said state Rep. Adam Scanlon, D-Middleborough, who worked with victims to push the change.
How Will the Law Affect Past Cases?
The law could revive cases where DNA evidence emerged after the 15-year window, though prosecutors must still meet existing deadlines if a match is identified earlier. For example, Louise, a survivor whose 2005 rape was linked to a suspect via DNA in 2022, saw charges dropped because the statute had expired. Had the law been in place, her case could have proceeded.
“It really was devastating,” Louise said, adding that the law “builds a sense of trust, a sense of safety — and justice.”
What’s Next for the Law?
The $63.4 billion budget containing the provision is set to take effect once Healey signs it by July 11. The change aligns Massachusetts with states like California and Illinois, which have similar DNA exceptions, but lags behind jurisdictions like New York, which eliminated all statutes for sexual offenses in 2020.
Survivors’ advocates say the law is a step forward but caution that broader reforms—such as eliminating statutes for child sexual abuse—remain needed. “This is a long process driven by survivors,” Scanlon reiterated, “but it’s a critical one.”
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