State law change on statute of limitations in rapes doesn't apply to Sanchez case
by JESSICA L. FINCH Associate Editor

The State Senate and Assembly passed a law in June that many people may not be aware of.

The statute of limitations on rape cases has been eliminated in New York State. Prior to the passage of the law it was five years.

Amherst Council Member William A. O'Loughlin Jr. said he was unaware of the change when he submitted a resolution on Jan. 16 to the Amherst Town Board asking the state leaders to consider changing the limitation to an indefinite period of time.

"When I heard that, it was very pleasing and heartwarming to hear they had done that," O'Loughlin said about the law change.

The arrest of the suspected bike path rapist, Altemio Sanchez, 49, of Cheektowaga, who has been charged with two murders, also brought attention to the fact he won't be charged with any of the rapes because of the former statute of limitations.

Any rapes occurring no more than five years before the law changed can be tried, but the crimes that allegedly involved Sanchez happened beyond that allowance.

O'Loughlin said he supports the change because of the physical, mental and emotional scars that victims are left to deal with.

He praised the Senate and Assembly's efforts, stating that legislators were sensitive to a terrible situation.

"It is a great tragedy in modern day society," he said about rape cases.

The New York State Senate passed the law on June 21, 2006. It was sponsored by Sen. Dean Skelos, R-Rockville Center.

The law eliminated the criminal statute of limitations for rape victims and extended the civil statute of limitations from one year to five years.

"Rape and sexual assault are violent crimes committed by violent people," Skelos said in June. "If DNA evidence is available, there is no reason why these criminals should escape prosecution merely because they were lucky enough not to get caught. These crimes have a lifelong impact on their victims. I'm pleased that the Assembly has finally agreed to pass this measure and close a loophole that allows dangerous criminals to evade justice."

The bill eliminates the statute of limitations for the criminal prosecution of Class B felony sexual assault crimes including: first degree rape, first degree criminal sexual act (formerly called sodomy), first degree aggravated sexual abuse and first degree course of sexual conduct against a child.

The civil statute of limitations extension gives rape victims a longer period of time to pursue legal recourse from their attackers.

(Information was provided by www.senate.state.ny.us and was dated June 21, 2006.)