Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1760

Introduced
2/16/23  

Caption

To establish a DNA exception rule for victims of rape

Impact

The bill's provisions would significantly impact how sexual assault cases are handled within the Commonwealth of Massachusetts. By permitting indefinite extensions on the statute of limitations in cases where DNA evidence is present, it aligns state law with the evolving understanding of sexual violence and victim support. This change could provide a pathway for justice for victims who previously felt unable to report their assaults within the existing time limits, potentially leading to higher rates of prosecution in such cases.

Summary

House Bill 1760 seeks to amend existing laws regarding the prosecution of rape cases by establishing a DNA exception rule for victims. Specifically, the bill proposes that if DNA evidence is matched to a rape incident, the statute of limitations for prosecution would be extended indefinitely beyond the normal 15-year limit. This legislative measure aims to ensure that victims have the opportunity to pursue justice even after the standard time frame has elapsed, acknowledging the ongoing challenges many victims face in coming forward after trauma.

Contention

Despite its intent to aid victims, there may be concerns raised regarding the implications of extending the statute of limitations indefinitely. Opponents could argue that such measures may overwhelm the legal system or create challenges related to the preservation of evidence over time. Additionally, there may be discussions about the need for balance between victim rights and the rights of the accused, raising questions about fair trial implications when cases are reopened after many years.

Companion Bills

MA S1058

Similar To Protecting victims of rape and their children

MA H1771

Similar To Relative to parental visitation and custody for children of rape victims

MA H1462

Similar To To protect victims of rape and children conceived during the commission of said offense

MA H1509

Similar To To protect victims of rape and children conceived during the commission of said offense

MA H4836

Replaced by To establish a DNA exception rule for victims of rape

Previously Filed As

MA H1987

To establish a DNA exception rule for victims of rape

MA H4836

To establish a DNA exception rule for victims of rape

MA H2182

To reduce incidence and death from pancreatic cancer

MA H1594

Encouraging the donation of food to persons in need

MA H135

Establishing basic needs assistance for Massachusetts immigrant residents

MA H558

Establishing farm to school grants to promote healthy eating and strengthen the agricultural economy

MA H1035

To establish minimum reimbursement rate to insurance claimants

MA S1060

To provide a DNA exception for statute of limitations on sex offenses

MA H1771

Relative to parental visitation and custody for children of rape victims

MA H2432

To reduce incidence and death from pancreatic cancer

Similar Bills

No similar bills found.