Statute of limitations debate renewed at the Statehouse for certain crimes

INDIANAPOLIS—As Indiana lawmakers prepare for the next legislative session, three proposed pieces of legislation will revolve around sex crimes: one pertains to human trafficking, another to grooming, but the one that got the most attention during a Courts and Criminal Code Committee meeting earlier this month could change the statute of limitations for certain sex crimes.

”These survivors deserve justice,” State Rep. Mitch Gore (D-Indianapolis) said.

State Rep. Mitch Gore, who serves on that committee, said lawmakers are working on legislation that could give thousands more Hoosier sex crime survivors a chance to take their case to court.

”Survivors of sexual assault and child molestation are asking that they get the same opportunity we’ve already created for some other survivors,” State Rep. Gore said.

A similar bill passed in the Senate last session, but failed to get a hearing in the Indiana house.

Currently in Indiana, if a rape occurs with a weapon, or results in serious bodily injury, that’s classified as a Level 1 felony, meaning there’s no statute of limitations. However, if the crime takes place without a weapon, or does not result in serious bodily injury, that’s classified as a Level 3 felony, meaning there is a five-year statute of limitations.

”This particular legislation would remove the five years, and allow this kind of case to be brought any time,” Beth White, the President/CEO of the Indiana Coalition to End Sexual Assault and Human Trafficking, said.

According to White, other Midwestern states have adopted similar bills.

”We have been working on this issue for a couple years now,” White said.

White said the bill would also remove the statute for cases of child molestation without bodily injury. Attorney Joel Wieneke with the Indiana Public Defender Council said victims of that crime currently have until they’re 31 to make a report, and that in some cases, the statute of limitations is removed.

”If there’s evidence of concealment…if there’s a confession, or DNA evidence, or some sort of a recording that adds some verification to the allegations, then essentially, there is no statute of limitations,” Wieneke said.

But State Rep. Wendy McNamara (R-Evansville), who chairs the Courts and Criminal Code Committee, said discussions will continue to determine if that cut-off-age of 31 needs to go up.

”I’m probably most comfortable changing that age rather than eliminating the statute of limitations just because I’m not, again, sure what does that look like for the criminal justice system,” State Rep. McNamara said.

”I understand that changes to the criminal code are important, and they also should be done in a studied and in a careful way, and I think that’s what’s happening here,” White said.

For the latest news, weather, sports, and streaming video, head to WANE 15.