Wisconsin Bill Proposes Extending Sexual Assault Charge Time Limit

Clouds and a blue sky are seen behind the Wisconsin State Capitol

Efforts to support victims of sexual assault in Wisconsin are gaining momentum, as a proposed bill seeks to extend the legal timeframe for pursuing charges. This legislative push aims to address significant barriers faced by survivors, who often need more time to come forward.

Extending the Statute of Limitations

Currently, the statute of limitations for second-degree sexual assault in Wisconsin is set at 10 years. However, the proposed bill would double this period, allowing charges to be filed within 20 years of the alleged assault.

Advocates argue that the change is necessary due to the delayed reporting often associated with sexual violence. “Crimes of sexual violence are some of the most underreported,” stated Mollie Montague, a lobbyist with the anti-sexual violence organization RAINN. “For many, the decision to report is a delayed process rooted in the very real and devastating psychological and physical effects of the crime.”

Impact of Forensic Advancements

Proponents also highlight the role of modern forensic methods in shaping the bill. “Advancements in forensics such as DNA and other technology like cell phone data have given investigators more tools to identify a perpetrator although many years may have passed since the crime was committed,” wrote state Rep. Karen Hurd, R-Withee, in her testimony supporting the bill.

While first-degree sexual assault in Wisconsin already has no statute of limitations, this bill would extend the timeframe for second-degree offenses, which carry a potential sentence of up to 40 years in prison.

Additional Provisions for Victim Protection

The bill also proposes measures to aid victims in escaping unsafe environments. It would simplify the process for tenants to break leases by accepting documents like criminal complaints or restraining orders as proof of assault. Moreover, landlords would be required to change locks upon request if tenants face threats of stalking or assault.

Another significant aspect of the bill is the provision of immunity from certain drug or alcohol charges for those reporting sexual assaults. This includes underage drinking or drug possession, extending protections to both victims and witnesses. Ian Henderson from the Wisconsin Coalition Against Sexual Assault pointed out that these measures could encourage more survivors to report assaults without fear of legal repercussions.

Mixed Reactions Among Lawmakers

While the Assembly’s Committee on Criminal Justice and Public Safety has recommended passing the bill, it faces opposition from some lawmakers. Rep. Shae Sortwell, R-Two Rivers, expressed concerns about removing discretion from law enforcement, stating, “We shouldn’t just be offering blanket immunity just because there are certain other circumstances going on.”

Despite previous attempts to pass similar legislation, this bill represents a renewed effort to provide more robust support for sexual assault survivors in Wisconsin.

If you or someone you know is experiencing sexual assault, you can dial 1-800-656-HOPE or text HOPE to 64673. Resources are also available online.

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