Holden signs rape measure into law

JEFFERSON CITY, Mo. -- A new law granting prosecutors unlimited time to file charges of rape and sodomy took effect Wednesday with Gov. Bob Holden's signature.

The measure, which also applies to attempted rape and attempted sodomy, ends uncertainty over whether Missouri had a three-year statute of limitations on prosecuting the crimes.

"Today's DNA technology makes it possible to catch the criminals who commit these horrible acts years after the crimes," Holden said.

"To have some arbitrary time limit in place that allows their attackers to go free is against all we should stand for as public servants and human beings," he said.

Historically, rape and sodomy were understood to be among the crimes, also including murder, for which prosecutions could be initiated in Missouri no matter how much time had passed since the offense occurred.

In December 2000, however, the Missouri Court of Appeals' Western District interpreted state law as imposing a three-year statute of limitations on rape and sodomy.

But the court's Eastern District continued to hold that there was no deadline for filing charges.

The legislation establishes in statute that prosecutions for the crimes "may be commenced at any time." Legislators said they believed it would apply to any case of rape or sodomy that occurred in the past three years and had not already been dismissed.

Women's right advocates praised the new law.