On October 11, 2023, charges were dismissed against Ivan Y. Cheung, a 42-year-old former bank employee from Boston accused of raping two adults and two teenagers at knifepoint between 2003 and 2006, due to the statute of limitations. The prosecution continues to pursue the charges concerning the two underage victims, despite dismissed charges related to the adult women, according to NBC Boston.
According to the District Attorney, DNA evidence from a cigarette Cheung discarded led to his arrest and connection to the crimes. While DNA evidence linked Cheung to the cases involving the adult women, the cases involving the teenagers were linked to Cheung due to their similarities and the description of Cheung's car, NBC Boston reported.
However, the dismissal of these charges raises questions about the differing laws regarding the statute of limitations in the United States. As pointed out by WCVB's report, Massachusetts is out of line with 35 other states that can prosecute older rape cases. The charges against Cheung may not have been dropped if Massachusetts accepted the DNA Exception Rule for Victims of Rape, which enables prosecution at any time when DNA evidence exists.
There are ongoing legislative efforts by State Rep. Adam Scanlon to pass a bill named the DNA Exception Rule for Victims of Rape in Massachusetts—if successful, it would allow for prosecution of such crimes at any time if DNA evidence is available. This is according to a WCVB report, which also stated that the new legislation would align Massachusetts with other states that have either abolished or restricted the statute of limitations for rape cases with DNA evidence.
Nevertheless, the legal situation is complex—the mere presence of DNA evidence does not guarantee successful prosecution, nor does it uphold the rights of the accused and victims in all circumstances. Unfortunately, no DNA evidence exists in the remaining cases against Cheung, involving the two underage victims. The lack of DNA makes prosecution difficult, particularly with one of the victims said to be reluctant to participate, reported NBC Boston.
