Jenny's Law: Rape charges can be filed beyond five-year limit

Thursday, June 25, 2015
Standing, from left, State Reps Bob Cherry (R-Greenfield) and Christina Hale (D-Indianapolis), State Sen. Eric Bassler (R-Washington), State Rep. Julie Olthoff (R-Crown Point), State Sen. Michael Crider (R-Greenfield) and State Rep. Ben Smaltz (R-Auburn); and sitting, Gov. Mike Pence and Jenny Wendt.

A new law takes effect next week that extends the five-year window rape victims have to pursue charges in Indiana.

The legislation, ceremonially signed by Gov. Mike Pence this month, allows state prosecutors to file such charges beyond the state's five-year statute of limitations.

To do so, prosecutors must discover new DNA evidence identifying the offender or become aware of the existence of a recording -- audio or visual -- that provides evidence sufficient to charge the offender. It can also be extended if an individual confesses to the crime.

Referred to as Jenny's Law, Indiana lawmakers were inspired to pursue the legislation by the law's namesake, Jenny Wendt Ewing.

Ewing is a rape victim whose male attacker confessed to the rape more than five years after the crime, and he was not charged. She later started a petition to urge legislators to lengthen the state's statute of limitations in cases of sexual assault, and, within three days, she had nearly 700 signatures and stories from other rape victims.

Among the bill's backers was its co-author, State Sen. Eric Bassler, R-Washington, who stopped by The Brazil Times this week to discuss his first year in office, including his support for Jenny's Law.

"The young lady who brought that forward was a victim of sexual assault 10 years ago, and, just recently, someone came forward and admitted that he did it and there was nothing that could be done," said Bassler, who represents the southern half of Clay County. "We have to continue to work as a society in that whole area of rape and sexual assault. There is just too much of it that goes on."

The legislation was authored by fellow State Sen. Michael Crider, R-Greenfield, who joined Bassler, Ewing, Pence and others in a ceremonial signing of the legislation which officially becomes law on Wednesday.

"It's an unfortunate reality that far too many sexual assaults go unreported and unpunished," Crider said. "After hearing Jenny's story, I was focused on changing our laws to help her and others who deserve justice. I believe this law will give prosecutors tools to bring charges against sexual predators while empowering victims of this terrible crime."

Pence, meanwhile, lauded Ewing's efforts to see such a law through.

"'Jenny's Law' marks an important milestone in the life of our state as well as in the lives of victims of sexual assault," Pence said. "This law would not have been possible without Jenny's courage, and I'm honored she could join the ceremonial bill signing today."

The law does not apply to cases that have already passed the statute of limitations.

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