The Wall Street Journal has an article about a new Texas law which allows prosecutors and parole boards to link DNA evidence to suspects in sex assault cases, despite the fact that the statute of limitations has expired and the suspect was never tried. From the article:
Supporters of the law, the first of its kind in the country, hope it means that suspects in those old cases will face more-vigorous prosecutions and sterner parole boards should they find themselves in trouble with the law again. Opponents say the law could rob suspects of due-process rights.
The new Texas law was conceived and championed by a small group of rape survivors who had joined a Dallas Police Department support group launched as part of the city's cold-case project. Reopening old cases also can reopen emotional wounds, and though the women were grateful the police were trying to identify their attackers, for many that wasn't enough.
The law has its critics. The American Civil Liberties Union is concerned that it could punish suspects without the benefit of due process. After objections from the ACLU, the proposed law was revised to allow only law-enforcement agencies to access DNA information linking someone to an old sexual assault. The law also allows suspects to petition for removal of the information from their files if they believe it has been wrongly included.
The ACLU still has concerns about how the information could be used. "This is something we will definitely be monitoring to make sure there aren't negative unintended consequences," said Rebecca Bernhardt, policy director of the Texas ACLU.
The new Texas law was conceived and championed by a small group of rape survivors who had joined a Dallas Police Department support group launched as part of the city's cold-case project. Reopening old cases also can reopen emotional wounds, and though the women were grateful the police were trying to identify their attackers, for many that wasn't enough.
The law has its critics. The American Civil Liberties Union is concerned that it could punish suspects without the benefit of due process. After objections from the ACLU, the proposed law was revised to allow only law-enforcement agencies to access DNA information linking someone to an old sexual assault. The law also allows suspects to petition for removal of the information from their files if they believe it has been wrongly included.
The ACLU still has concerns about how the information could be used. "This is something we will definitely be monitoring to make sure there aren't negative unintended consequences," said Rebecca Bernhardt, policy director of the Texas ACLU.
So Texas is lifting the statute of limitations for rape cases now? What next?
Posted by: JT | September 01, 2009 at 06:21 PM