(Scroll down for comprehensive state-by-state chart ranked from best to worst)

Arkansas is ranked the 2nd worst state in the US, per capita, for incidents of rape. CAN is fighting to change their statistic by battling deeply embedded “dark ages” concepts.

Two bills, one defining consent and the other abolishing the Statute of Limitations for the most egregious, Y Felony rape cases, is set for a hearing by the “Judiciary Committee,” next week. Both bills were introduced by Representative Robin Lundstrum.

House bill #1577 will abolish the Statute of Limitations for Y Felony, aggravated, vicious rapes, and enable victims who are not yet willing to prosecute their cases, to have their rape kits processed and retained for the future.

House bill #1141 would define consent as “A freely given, knowledgeable and informed agreement (#FGKIA) by a person who is not physically helpless, mentally defective, mentally incapacitated, or under the legal age to consent.”

What’s the hold-up?

The Judiciary Committee chaired by Representative Carol Dalby is deeply entrenched in the “old ways” of doing things which positioned Arkansas on the bottom rung of the ladder. But despite their poor showing, old methods die hard. Dalby’s introductory statement, when bringing the March 2nd hearing to order, foretold our outcome…. She began with the chant, “That’s alright, that’s okay. We’re going to kill your bill today!”

And indeed they did!

Our consent bill did not secure a majority of votes, even though more legislators voted “yes” than “no.” The bill needed a majority of committee members to pass. The voting results were 8 “yays, “7 “nays,” and 5 “not voting.” “Not voting” prevented a majority decision.

While we lost in round one, we won’t give up! We recognize the need to enlighten law makers and build the public’s demand for change. To quote an important truism, “The sale starts when the answer is ‘No.'” We’re rolling up our sleeves!

Meanwhile….. Repealing the Statute of Limitation comes up next week. In last week’s discussion, Representative Jimmy Gazaway called Y Felony Rapes – Arkansas’s most violent crime against a living person – a “He Said/She Said,” unless there is a rape kit. The state already repealed SOL for Rape Kit cases and for child victims, with or without a rape kit, back in 2015.

Gazaway seems to have lost sight of the fact that rape cases were tried without rape kits for centuries. Currently, childhood rape cases, pursued by grown adults, rarely have rape kits as evidence. The Arkansas prosecutors determine whether there is sufficient evidence and credible testimony to prove a childhood rape case. That same oversight will apply in the prosecution of a violent rape of an adult. In fact several prosecutors showed up and supported #1577 for the initial March 16th hearing. Gazaway’s objection minimizes the most defiling crime that a person could face and is an insult to the competence of the prosecutors of Arkansas.

Why is Arkansas among the lowest of the lows?

We learned from detectives who handle sexual assault cases, very few of their intake officers are trained in trauma-informed interaction with victims. Arrests are made in only 12% of the cases who walk through their precincts’ doors. That means 88% of Arkansas victims have absolutely no hope for justice. Sexual predators get a free pass for offending at least 88% of the time…. and that’s without even considering the victims that simply have no faith in the system and don’t report.

Will abolishing the Statute of Limitations help?

Those of us who are survivors and work with survivors know that coming forward with a rape case takes tremendous bravery. In our present system, without focusing on whether consent took place or not, victims are literally raked over the coals by the justice system. For many, it takes years before they feel strong enough to face their attacker and the glaring eyes of a victim-blaming public. But we will never turn the tide on sexual assault until offenders know that they’ll spend a lifetime wondering when their vicious deeds will catch up to them. Instead, we sentence victims to a lifetime of injustice. Society needs this toxic dynamic to change.

Statute of Limitations indexed by each state’s per capita case ranking

Sixty-five percent of states throughout the US have eliminated the Statute of Limitations for egregious, violent rape cases. 70% of the top ranked states have abolished SOL. Check this list to see where your state stands from best to worst.

Rank	State	pr. 100K	SOL Status
1	Iowa	4	10 yrs or DNA
2	New Jersey	16	No SOL
3	Connecticut	21	20 yrs
4	Mississippi	25	No SOL
5	Georgia	27	15 yrs
6	North Carolina	30	No SOL
7	Maryland	30	No SOL
8	Delaware	32	No SOL
9	Virginia	32	No SOL
10	New York	32	No SOL
11	Pennsylvania	33	12 yrs
12	Kentucky	35	No SOL
13	Indiana	36	No SOL
14	California	37	No SOL
15	Maine	38	20 yrs
16	Florida	38	No SOL
17	Tennessee	40	15 yrs
18	Alabama	41	No SOL
19	Oregon	41	12 yrs
20	Washington	42	20 yrs
21	Minnesota	42	No SOL
22	Idaho	42	No SOL
23	New Hampshire	42	6 yrs
24	West Virginia	42	No SOL
25	Vermont	43	No SOL
26	Rhode Island	44	No SOL
27	South Carolina	47	No SOL
28	Missouri	47	No SOL
29	Illinois	47	No SOL
30	Kansas	48	No SOL
31	District of Columbia	48	No SOL
32	Ohio	48	25 yrs
33	Louisiana	48	No SOL
34	Texas	49	10 yrs/DNA/5 victims
35	Arizona	50	No SOL
36	Wisconsin	50	No SOL
37	Hawaii	52	No SOL
38	Utah	53	No SOL
39	North Dakota	54	7 yrs
40	Wyoming	56	No SOL
41	Montana	56	10 yrs
42	Oklahoma	56	DNA/45th Birthday
43	New Mexico	60	No SOL
44	Nebraska	63	No SOL
45	Colorado	65	20 yrs
46	Nevada	67	20 yrs
47	South Dakota	71	No SOL
48	Michigan	71	No SOL
49	Arkansas	77	6yrs
50	Alaska	147	No SOL

Are you interested in repealing the Statute of Limitations and/or defining CONSENT in the laws of your state? Contact CAN at Info@ConsentAwareness.net and sign our petition at http://bit.ly/BillPetition

Read “Your Consent – The Key to Conquering Sexual Assault” to learn more about our laws on sexual assault and how you can help turn your human right of consent into a civil right backed by law!