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Cleveland.com - The Plain Dealer | Why An Ohio Supreme Court Case Involving Rape Kits Is Drawing National Attention

(02/01/2016) Prosecutor Timothy McGinty's office says the appellate court created a new, tougher standard for cases where prosecution is delayed. One that contradicts the state's statutes of limitations and is unfair to victims.

Prosecutors argue that defendants should have to prove two critical points: that the passage of time or lost evidence actually harms their ability to mount a defense, and that there was no justification for the delay in prosecution.

Joining McGinty's office and Ohio Attorney General Mike DeWine in asking that the decision be overturned are state and national groups that advocate for rape survivors and work to prosecute and prevent sexual violence. They include Rape Abuse Incest National Network (RAINN), the Ohio and National Alliances To End Sexual Violence, AEquitas: The Prosecutors Resource for Violence Against Women, Ohio Prosecuting Attorneys Association and The Joyful Heart Foundation, a non-profit that has pushed for the elimination of rape kit backlogs.

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