Wisconsin Sexual Assault Victims Could Get More Time To Pursue Charges
Bill would extend statute of limitations beyond current 10-year limit.
The Wisconsin State Capitol on Thursday, April 29, 2021, in Madison, Wis. Angela Major/WPR
A bill advancing in Wisconsin would give victims more time to pursue charges after being sexually assaulted.
Under current Wisconsin law, the statute of limitations for second-degree sexual assault is 10 years.
If the bill becomes law, that time period would be doubled, allowing charges to be filed up to 20 years after the assault happens.
Advocates who support the proposal noted that it often takes years for sexual assault victims to come forward. Many survivors face feelings of shame or fear of retaliation.
“Crimes of sexual violence are some of the most underreported,” Mollie Montague, a lobbyist with the anti-sexual violence organization RAINN, told lawmakers. “For many, the decision to report is a delayed process rooted in the very real and devastating psychological and physical effects of the crime.”
Sponsors also say the bill reflects the fact that forensic science is improving.
“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,” state Rep. Karen Hurd, R-Withee, wrote in testimony supporting the bill.
Under Wisconsin’s sexual assault law, the most serious classification for that crime is first-degree sexual assault. Among other circumstances, that includes cases where the assault causes a pregnancy or “great bodily harm.” It also includes cases when there are multiple perpetrators, or when a weapon is used during the assault. For those first-degree charges, there’s currently no time limit on when prosecutors can bring charges.
The new bill would apply to second-degree sexual assault, which is the category for those offenses carrying the second-most serious type of penalties. Under Wisconsin law, second-degree sexual assault is a felony, punishable by up to 40 years in prison.
Bill also would extend immunity from some drug charges to survivors
Another part of the bill would alter an existing Wisconsin law that aims to help crime victims who are trying to leave unsafe living situations.
The changes would lower the burden of proof for a tenant trying to break their lease by clarifying that the tenant can do so if that person provides documents such as a criminal complaint or restraining order that details sexual assault.
The bill also says a landlord must change the home’s locks at the tenant’s request if the tenant faces stalking or sexual assault in their current home.
Additionally, the bill would shield someone who reports a sexual assault from being prosecuted for misdemeanor drug or alcohol violations that occurred in connection to the incident. That applies to charges like underage drinking or drug possession, and it would extend to the victim of the assault, as well to witnesses who try to help the victim.
Ian Henderson of the Wisconsin Coalition Against Sexual Assault, noted that during many sexual assaults the victim is incapacitated by alcohol or other substances. He said he hopes the proposed changes will encourage survivors to come forward without fear of getting into legal trouble.
“In a society that frequently and wrongly blames survivors, this legislation puts the focus where it belongs — on the conduct of perpetrators,” Henderson told a Senate committee Wednesday.
Earlier this month, the Assembly’s Committee on Criminal Justice and Public Safety recommended that the bill be passed, with only Rep. Sequanna Taylor, D- Milwaukee, and Rep. Shae Sortwell, R-Two Rivers, voting against. Taylor’s office did not immediately respond to a request for comment Wednesday afternoon.
Sortwell said he’s concerned the bill would take discretion away from law enforcement.
“We shouldn’t just be offering blanket immunity just because there are certain other circumstances going on,” Sortwell said during an October committee meeting. “We should be leaving that to the local prosecutors and police officers to decide if that needs to be pursued or not. I think we can trust their judgment.”
Parts of the latest proposal have been introduced in past legislative sessions, though the bills died before becoming law.
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.
Wisconsin bill would give sexual assault victims more time to pursue charges was originally published by Wisconsin Public Radio.
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