First John Doe Rape Case Indictment Filed In Franklin County - NBC4: Columbus, Ohio News, Weather, and Sports (WCMH-TV)

First John Doe Rape Case Indictment Filed In Franklin County

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COLUMBUS, Ohio -

The Franklin County Grand Jury has indicted the first John Doe rape case in Franklin County for an offense that took place in 1994.

The case was indicted under the name "John Doe" in order to avoid the expiration of the statute of limitations.

John Doe KA 7/10/94 has been indicted on one felony count of aggravated burglary, one felony count of kidnapping, and three felony counts of rape, for a total of five counts.

According to the indictment, on July 9, 1994, the victim, who was 20 years old at the time of the incident, woke up to a man kissing her, who then proceeded to rape her.

The victim's sexual assault exam kit and evidence from the scene were collected and preserved for testing.

In March of 2008, a DNA profile was obtained. A match to a known suspect has not been made at this time.

"In order to preserve our ability to prosecute this case due to a 20-year statute of limitations, we are indicting that DNA profile now. When the rapist is identified the indictment will be amended to reflect his true name," Franklin County Prosecutor Ron O'Brien said.

This is the first time an indictment has been filed in this manner.

"A profile was developed from the evidence in the rape case," said O'Brien. He said this method has stood the test in Ohio's courts.                                            

"If an indictment requires someone be particularly described in the indictment then there is nothing more particular than a DNA profile," he said.

"Until we have laws that support holding rapist responsible no matter what, we are going to have to have these cleaver work a rounds to pause statute of limitations when we do know who the rapist is, we are just waiting for their name," Sue Wismar, Education Prevention Coordinator with The Sexual Assault Response Network of Central Ohio. The group advocates for victims of sexual assault.

O'Brien said the statute of limitation is a balance between an accused criminal's rights versus rewarding them for hiding out for 20 years.

"If we want to be a community that holds rapist accountable I do not know why we would enforce this 20 year limit, when survivors are not healed after 20 years," said Wismar.

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