INDIANA
Indianapolis Star
Written by
Tim Evans
A man walks into the Marion County Sheriff’s Department and confesses to raping a young woman in 2005.
In Illinois, Ohio, Michigan and Kentucky — as well as 28 other states across the U.S. — he would have been arrested and prosecuted.
But in Indiana, Bart Bareither walked out a free man.
Why? Because in this state, rape charges no longer can be filed if the incident took place more than five years ago.
Indiana is among just seven states with a statute of limitations of five years or less for filing rape charges. In 11 states, the statute of limitations is from six to 9 years. In 12 others, it ranges from 10 to 20 years. And 20 states have no limit at all.
The unique set of circumstances highlights the delicate balance between liberty and justice that plays an integral part in a criminal justice system based on the classical belief that “it is better that 10 guilty persons escape than that one innocent suffer.” It also comes as advances in DNA technology are prompting some states to re-examine decades-old limits on prosecuting rape and other sex crimes.
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