Rhode Island Senate Bill S0736

Rhode Island 2023 Regular Session

• Introduced: 3/22/23
• Refer: 3/22/23

Caption

Indictments, Informations And Complaints

Impact

The amendments to Section 12-12-17 of the General Laws reflect a significant shift in how the state handles serious criminal offenses, specifically those of a sexual nature. The removal of a statute of limitations on second-degree sexual assault is seen as an effort to ensure that survivors have the opportunity to seek justice without being constrained by time. By extending the period for filing charges on third-degree sexual assault, the bill aims to provide additional room for victims to gather their thoughts, seek support, and prepare for the legal process, which can often be lengthy and complex.

Summary

Bill S0736 updates the statute of limitations for various criminal offenses in the State of Rhode Island. The key change proposed by this bill is the inclusion of second-degree sexual assault among the offenses that will have no statute of limitations, thereby allowing prosecutors to bring charges at any time regardless of when the alleged crime occurred. Additionally, it establishes a ten-year statute of limitations for third-degree sexual assault. These changes aim to provide survivors of sexual violence with more time to come forward without the pressure of an impending legal deadline.

Contention

While the bill has broad support among advocates for victims of sexual assault who argue that the lack of a statute of limitations is essential for delivering justice, there are concerns raised by some legislators about the potential implications for defendants. Opponents argue that allowing such a change could lead to unfair prosecutions based on old evidence, which may not be reliable. The balance between justice for victims and ensuring fair trials for defendants remains a point of contention, reflecting broader discussions in society about how best to handle sexual violence cases within the justice system.