The Lawrence Journal-World
The five-year statute of limitations for prosecuting rape cases will be abolished under a bill signed into law Monday by Gov. Sam Brownback.
The law takes effect July 1, and also removes the statute of limitations for prosecution of aggravated criminal sodomy. Currently, Kansas is among 10 states that required rape cases to be prosecuted within five years.
The new law also allows for prosecution of a sexually violent crime within 10 years if the victim is at least 18 years old.
For younger victims, prosecution would begin within one year of the date the suspect is identified through DNA testing, or within 10 years of the victim’s 18th birthday, whichever is later.
Wednesday, April 3, 2013
Wednesday, March 6, 2013
Rape survivor works to change law, abolish the statute of limitations in rape cases
By SHAUN HITTLE, The Lawrence Journal-World
Cindy Hillebrand, 61, knows — thanks to DNA evidence — who grabbed her off a street in downtown Topeka at knifepoint 28 years ago and repeatedly raped her.
His name is Joel L. Russell, a convicted sex offender currently doing time in a Kansas prison for several other sexual assaults.
But because of the current five-year statute of limitation on rape cases in Kansas, there's nothing prosecutors can do about Hillebrand's case.
Future victims, however, may get justice in similar cases, as Kansas lawmakers in both the House and the Senate last week unanimously passed bills that abolish a statute of limitations in rape and sodomy cases.
Kansas is among 10 states that now require a rape to be prosecuted within five years, but under the new legislation, Kansas would join 20 other states that allow rape prosecutions at any time.
The bill also allows for prosecution of a sexually violent crime to begin within 10 years of when a victim turns 18. Current law allows prosecutors to file charges within a year of when DNA evidence identifies a suspect in a sex crime.
The House approved its bill on Friday, one day after the Senate approved its own legislation. Each chamber’s bill went to the other. The content of the two measures are identical.
Hillebrand, who traveled from out of state to speak to lawmakers in favor of the legislation, found herself in the role of advocate following a Journal-World series focusing on her case.
"I've been working so hard on this," said Hillebrand, who's been working with the Kansas Coalition Against Sexual and Domestic Violence, which helped craft the legislation.
After a 2011 Journal-World article on Joe Jones, a Topeka man who was wrongfully convicted and later exonerated by DNA evidence in the 1985 attack on Hillebrand, Topeka police reopened the investigation.
DNA testing in 2012 identified Russell as a suspect in Hillebrand's case. An arrest warrant for Russell was issued, but prosecutors had to drop the case because the five-year statute of limitations in the case had run out decades ago.
The new bill won't help in older cases such as Hillebrand's, but could open the door for prosecutions in future rape cases.
Frustrated that Russell couldn't be brought to trial in her case, Hillebrand focused her attention on ensuring other offenders won't slip through the cracks.
Working on the bill, and seeing it passed, has helped Hillebrand in her own recovery, ongoing for nearly three decades.
"It's the only way I'll get any justice on this," she said.
Cindy Hillebrand, 61, knows — thanks to DNA evidence — who grabbed her off a street in downtown Topeka at knifepoint 28 years ago and repeatedly raped her.
His name is Joel L. Russell, a convicted sex offender currently doing time in a Kansas prison for several other sexual assaults.
But because of the current five-year statute of limitation on rape cases in Kansas, there's nothing prosecutors can do about Hillebrand's case.
Future victims, however, may get justice in similar cases, as Kansas lawmakers in both the House and the Senate last week unanimously passed bills that abolish a statute of limitations in rape and sodomy cases.
Kansas is among 10 states that now require a rape to be prosecuted within five years, but under the new legislation, Kansas would join 20 other states that allow rape prosecutions at any time.
The bill also allows for prosecution of a sexually violent crime to begin within 10 years of when a victim turns 18. Current law allows prosecutors to file charges within a year of when DNA evidence identifies a suspect in a sex crime.
The House approved its bill on Friday, one day after the Senate approved its own legislation. Each chamber’s bill went to the other. The content of the two measures are identical.
Hillebrand, who traveled from out of state to speak to lawmakers in favor of the legislation, found herself in the role of advocate following a Journal-World series focusing on her case.
"I've been working so hard on this," said Hillebrand, who's been working with the Kansas Coalition Against Sexual and Domestic Violence, which helped craft the legislation.
After a 2011 Journal-World article on Joe Jones, a Topeka man who was wrongfully convicted and later exonerated by DNA evidence in the 1985 attack on Hillebrand, Topeka police reopened the investigation.
DNA testing in 2012 identified Russell as a suspect in Hillebrand's case. An arrest warrant for Russell was issued, but prosecutors had to drop the case because the five-year statute of limitations in the case had run out decades ago.
The new bill won't help in older cases such as Hillebrand's, but could open the door for prosecutions in future rape cases.
Frustrated that Russell couldn't be brought to trial in her case, Hillebrand focused her attention on ensuring other offenders won't slip through the cracks.
Working on the bill, and seeing it passed, has helped Hillebrand in her own recovery, ongoing for nearly three decades.
"It's the only way I'll get any justice on this," she said.
Friday, January 25, 2013
KCK woman sentenced to life in prison in Wichita rape case
A Kansas City, Kan., woman has been sentenced to life in prison in connection to a rape case involving two young girls.
The woman, who's name has not been released or published by local media in order to protect the identity of the young rape victims, pleaded guilty to two counts of aggravated human trafficking last year.
She confessed to driving her two daughters to a hotel room where James Lamont Brown, 49, had sex with them.
More from The Wichita Eagle:
The woman, who's name has not been released or published by local media in order to protect the identity of the young rape victims, pleaded guilty to two counts of aggravated human trafficking last year.
She confessed to driving her two daughters to a hotel room where James Lamont Brown, 49, had sex with them.
More from The Wichita Eagle:
Wichita police said Brown had sex with the girls, who are now 14 and 15, at the Econo Lodge at 8302 E. Kellogg in 2010 and 2011. Some of the charges cover a time when the girls were 11 and 12 years old. He was convicted by a Sedgwick County jury in November of nine counts of rape and eight counts of aggravated human trafficking.
Tuesday, November 20, 2012
KCK police looking for rape suspect
By NICK SLOAN, NJSloan212@gmail.com
The Kansas City, Kan., Police Department is asking the public's assistance in finding a suspect wanted in a rape case.
The rape occurred on the 7200 Block of Leavenworth Road at about 7:30 a.m. Tuesday morning.
Based on information provided to the KCKPD, the suspect is described as a "white male" who's approximately 5'7" with a "chin-strap" beard. He was wearing a jacket pictured like the one above.
Police say the man wanted for questioning left the scene in a BMX style bicycle.
If you have any information about the case, contact the TIPS Hotline at (816) 474-TIPS (8477).
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