Massachusetts to Extend Rape Prosecution Deadline When DNA Evidence Emerges

Massachusetts will allow prosecutors to file rape charges after the existing 15-year deadline when DNA evidence later identifies a suspect. The provision is part of a $63.4 billion budget bill that officials have said will take effect upon signing. Current state law bars nearly all rape prosecutions involving adult victims once 15 years have passed.

The new measure creates an exception that removes any time limit once a DNA match occurs.

Background on the Change Officials said the revision responds to advances in DNA technology that have solved older cases in other states. Reports from WBUR and ProPublica previously noted that at least 47 states already allow more time to bring such charges.

Legislators had attempted similar changes in every session since 2011 without success. Defense attorneys had opposed earlier versions, citing concerns about the rights of the accused.

One survivor identified only as Louise testified before legislators after a 2005 rape case could not proceed despite a DNA match 17 years later. Prosecutors had to drop charges in that case and a related incident because the deadline had expired. Survivors worked with state Rep.

Adam Scanlon for five years to create the DNA exception. Scanlon said the effort was driven by people who wanted future cases to have a path to prosecution even after the original deadline. "Today, DNA evidence can provide new answers years later, and our laws should reflect that reality," a statement from the governor's office said.

" The budget bill must be approved by July 11. Prosecutors would still need to meet the 15-year deadline if a DNA match occurs within that window.