COOK COUNTY CRIMINAL COURTHOUSE — As state lawmakers consider legislation that would end the statute of limitations for filing rape charges in crimes involving children — one woman is working to end those same limits for adults.
"It's time to make women who have been raped feel safe enough to come forward," Lesley Barton said, "and to know they have the time to do so."
Barton said she was raped in 2001 by Marc Winner, a former West Loop entrepreneur facing rape charges in four cases.
RELATED: Tanning Salon Owner Marc Winner Raped Me in 2001 But Went Free, Woman Says
Though prosecutors say Winner has raped nine women over the last two decades, five of those cases fall outside Illinois' criminal statute of limitations for filing charges for adults — which requires rape cases to be prosecuted within 10 years if a victim reports a rape within three years of the crime. Anything outside that range cannot be prosecuted.
Barton is working to change that.
By uniting with local nonprofits and petitioning state politicians, Barton has launched a #StopTheStatute campaign that aims to eliminate the statute of limitations for prosecuting all rapes in Illinois — for children and adults.
If successful, that would make Illinois one of 18 states that wouldn't limit rape reporting and prosecution. Last week, California eliminated its statute of limitations for prosecuting rape cases — leaving 33 states that still have one.
'A repeat offender'
Winner has been charged with raping four women from 2009 to 2015. He is free on a combined $625,000 bail.
Three of Winner's alleged victims were either customers or employees at his now-defunct Soleil Tanning Salon, 1018 W. Madison St.
Barton said she was attacked at a tanning salon where Winner worked in 2001. In that case, Winner was arrested for sexual assault, but later convicted of battery and sentenced to probation.
"Often, many times, a perpetrator of rape is a repeat offender," said Polly Poskin, executive director of the Illinois Coalition Against Sexual Assault.
A rapist "is known to have many victims before he is arrested and charged," Poskin said.
Poskin argued that by extending or eliminating a statute of limitations, prosecutors would have a better chance of getting convictions in rape cases.
"You create an argument that this person has a propensity for this type of heinous activity" when more women's cases are able to be included in court, Poskin said. "You have a succession of witnesses that corroborate the current victim's charge."
But eliminating the statute has its downside as well, said Richard Kling, a longtime defense attorney and professor at Chicago-Kent College of Law.
"Someone accused [of rape] should know what they're accused of, and shouldn't have something hanging over their head," Kling said.
There shouldn't be cases "coming out of the woodworks. Defendants need to get on with their lives," Kling said.
Statutes are in place to protect the accused and to encourage charges to be filed in a timely manner, Kling said.
"Obviously, with the passage of time, memories fade and witnesses disappear," Kling said. "A victim [who waits to report a rape] will have to answer for a judge or jury: Why wait? You're saying this happened how many years ago? You have some explaining to do as to why you waited so long."
Reporting delays
Poskin said delays are common when it comes to reporting rape.
And roughly two in three rapes are never reported, according to the Rape, Abuse and Incest National Network. The organization says college students are least likely to report attacks, with only about 20 percent of them coming forward.
Top reasons for not reporting, according to a survey from the U.S. Justice Department, are fear of retaliation, a belief that police won't help and a belief that it's a personal matter.
"Perhaps [the victim] was young," Poskin said. "Perhaps they were in college and fearful that if their parents found out, they'd be removed from school. Or maybe law enforcement wasn't responsive in a positive way."
When women do report rape, Poskin said, a DNA match or possible suspect may not be available for years. And of 344 sexual assaults reported to police, only six rapists end up serving any jail time, the rape and abuse nework reports.
Barton, who said she believes she was drugged, waited a week to report her rape.
"You're so terrified to come forward because people might not believe you," Barton said. "And it took me time after this excruciating trauma to remember things. Trauma causes memory loss. Once it came back to me, the post-traumatic stress was so severe. I remember I'd walk down the street and check store windows to make sure no one was following me. You've been completely and utterly violated.
"What I went through is something I could never describe in words. My freedom, my spirit. How it made me second-guess everything I was doing for years. How I lived with fear. He took my power," she said.
Poskin said it could take years for women to feel supported enough to report sex crimes. But other women's outcries could be inspiring, she said.
"Now, [victims] see or hear or read that they're not alone," Poskin said. "And that knowledge that you're not alone is very empowering."
Crimes against children
In Illinois, Attorney General Lisa Madigan has been leading a push to eliminate statutes of limitations when it comes to sex crimes against children. A spokeswoman from Madigan's office said the attorney is focused solely on minors at the moment.
Madigan on Tuesday appeared before the state Senate, where she explained that abused children are often unable to report crimes until they become adults. Kids may not realize a crime occurred, Madigan said, or they could be financially, emotionally and physically dependent on the abuser.
“Children who suffer sexual assault and abuse often spend their entire lives recovering from the unimaginable crimes they have experienced," Madigan said. "Illinois law must support these survivors by allowing them to report their crimes in their own time. We must ensure that survivors know that they will be taken seriously, and justice will be pursued.”
In Illinois, there's no statute of limitation for the prosecution of cases involving murder, arson, treason, forgery or producing child pornography.
But statutes still exist for the prosecution of rape cases. When it comes to sex crimes involving children, cases must be reported and prosecuted within 20 years of a victim's 18th birthday, Madigan said.
'My sister survivors'
Barton said she never intended to become an activist — to relive the worst moment of her life in every interview, with every article or TV spot. But "I can’t just be happy with my life and ignore my sister survivors."
Barton, who works as a real estate agent in Florida, recalls being shocked at something she discovered while studying real estate law.
"I was listening to my teacher tell us about a law on the books in Florida where the unlicensed practice of real estate is a felony with no statute of limitations. I was like: 'What?!' I have to say, it took me back to my own rape case."
Florida, like Illinois, places a statute of limitations on rape cases.
"There’s a great disparity there," Barton said. "And to be honest, it's prejudicial against women."
"So if I can do my part," Barton said she will do all she can, "to help other survivors not have this looming clock over their head, to make these murky laws more apparent."
Barton said she will focus on her native Illinois before targeting Florida's rape statute. So far she's partnered with the Illinois Coalition Against Sexual Assault, Rape Victim Advocates, Test400K and Julie Smolyansky, executive producer of "The Hunting Ground," an award-winning documentary on campus sex assault.
For more information, visit wwww.stopthestatute.org.
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