On Wednesday, California Gov. Jerry Brown signed SB 813 into law. This bill, the Justice for Victims Act, will eliminate the statute of limitations for rape and other forms of sexual assault. A statute of limitations is the time frame in which crimes are punishable by law, leaving both the victim and prosecutor the alloted time to press charges and prosecute the crime. Prior to the creation of this legislation, the statute of limitations in California was 10 years.
The Associated Press reports that the law was inspired by the victims of Bill Cosby. In a statement, State Senator Connie Leyva, who introduced the bill, said “The purpose of the ‘Justice for Victims Act’ is simple: To prevent rapists and sexual predators from evading legal consequences in California simply because the statute of limitations has run its course. Regardless of when a rape or sexual assault is discovered or reported, survivors of sexual offenses must have an opportunity to seek justice in a court of law. SB 813 does not change the burden of proof and victims will still have to prove their allegations in court, so all this bill does is extend the opportunity for victims to have their day in court."
Many victims of sexual assault do not report their assault for fear of retaliation or being dismissed by authorities, along with other personal reasons. And sometimes, when a victim does feel ready to come forward with his or her story, it's already been years or even decades. While this law does advance aid for victims of sexual assault by lightyears, it does come with limits. For instance, the law will not apply in retrograde, meaning if the statute expired by the time the law takes effect, there will still be no prosecution for the case. But if the case was within the statute of limitations by the time the law takes effect, the clock will be suspended.
Despite passing both houses with no dissenting vote, the legislation still has opponents. One of the criticisms, according to the AP, is it might encourage wrongful convictions as memories fade and evidence disintegrates over time.
California is not the first state to eliminate the statute of limitations on sexual assault charges. In fact, the California Women's Law Center reports there are 17 other states that have similar laws regarding the statute of limitations and sexual assault charges. The law will take effect next year.