OLYMPIA — A bill approved by the state House of Representatives last year offers some hope for people who were sexually assaulted years ago and want to see the one who harmed them prosecuted. But that hope faces some difficult challenges in the Senate.
House Bill 1155 would eliminate the statute of limitations for the most serious rape and sexual assault offenses.
The Senate’s Law and Justice Committee is the next step for the bill. Chairman Jamie Pedersen, D-Seattle, who has discretion on legislation the committee will hear, said he would not hear the bill. He said the statute of limitations is a necessary element of the law.
“Human beings deserve to go on with their lives,” he said. “We have statutes of limitation in every area of the law with the exception of murder. I think that special status is appropriate in cases of murder.”
Rep. Dan Griffey R-Shelton, the bill’s prime sponsor, said“the pain and hurt” from these crimes don’t go away. “They are life-long sentences,” he said, adding, “I don’t know how you can say somebody shouldn’t have to worry for the rest of their lives if they committed one of those crimes.”
Griffey has been meeting with sexual-assault survivors groups, the Washington Prosecutors Association, Sen. Ann Rivers, R-Lewisville, and Rep. Tina Orwall, D-Kent, in trying to come up with a compromise.
Pedersen said he was open to negotiation. “I’m certainly open to looking at lengthening the statute, although I think we have a pretty long time after someone reaches the age of majority where the crime can be prosecuted,” he said.
Griffey said Pedersen has turned down his requests for a one-on-one discussion.
The current law holds that a sexual assault survivor younger than 18 has until their 30th birthday to press charges. A sexual assault survivor 18 and older has 10 years to begin prosecution if the crime was reported within one year, and three years if the crime was not reported within one year.
Griffey’s wife, Dinah, gave an emotional testimony last year at the bill’s public hearing in the House, saying she was sexually assaulted when she was a child. She and another assault survivor, Christina-Marie Wright, testified for the bill in January 2016 and 2017.
“I’ll keep coming if you don’t pass it,” Dinah Griffey said at the 2017 hearing.
Rep. Griffey said if the bill doesn’t get a Senate hearing this year, he plans to re-introduce the bill as long as he serves in the Legislature.
Wright said about 85 percent of sexual assault survivors knew their attacker or abuser. This, she said, makes it especially difficult for children to come forward until they are much older when the statute of limitations blocks them from seeking prosecution.
“We need the opportunity for justice no matter how long it takes us for us to find our voice,” Wright said.
In old cases, investigators can sometimes discover new evidence. Even when someone has DNA or recorded evidence against their attacker, if they seek prosecution after the statute of limitations period is up, there is nothing an attorney can do.
Tom McBride, executive secretary for the Washington Association for Prosecuting Attorneys, cautions that old cases are extremely hard to prove. His organization was opposed to the bill in 2016 for this reason. Often, prosecutors will not take cases that are more than 10 years old because evidence may be lost or contaminated, recollections fade, and it’s hard to convince a jury of guilt beyond reasonable doubt, he said.
Now, the position of the prosecutors’ association has changed. With advances in DNA technology like sexual assault kits, recorded video, or photograph evidence, McBride said he is slightly more optimistic that an old case has a chance of success.
A bill passed last year, HB 1109, allows law enforcement officers to investigate new evidence found in previously untested sexual assault kits, essentially looking into cold cases.
As of 2013, eight states did not have any statute of limitations for prosecuting felony sexual assault, according to the National Center for Victims of Crime.
— Taylor McAvoy is a reporter for the WNPA Olympia News Bureau