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Legislation Extends Statute of Limitations on Testing Rape Evidence

People
Illinois Attorney General Lisa Madigan

A new law extending the statute of limitations on rape kit testing helps the backlog of kits, but it doesn't solve all the issues surrounding sexual assaults.
The 10-year statute of limitations on rape and sexual assault will now begin when the rape kit is tested, instead of when the crime is reported.

A long backlog of untested rape kits in Illinois and other states meant that many perpetrators of sexual assaults went unpunished. Even now, Illinois Attorney General Lisa Madigan says kits may take up to a year to be tested. She says another concern that hasn't been fully addressed is that some in law enforcement still treat rape victims differently.
 
"I wish to live to see the day that is eradicated. But, unfortunately, there is still a whole series of inherent, as well as external biases that exist at really every single point when we look at violent crimes, particularly those that are primarily committed against children and women."

Police departments do have some discretion as to whether to submit rape evidence to crime labs for analysis, but Madigan says her office is at looking at ways to ensure the discretion isn't used as "an excuse to ignore legitimate assault."
 

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