Posted on 4/15/2014

Defendant: John Doe NE 10/8/94

Prosecutor Ron O’Brien announced that the Grand Jury has returned a “John Doe” rape indictment in Franklin County stemming from an offense that took place in 1994.  The case was indicted under the name of “John Doe” to avoid the expiration of the statute of limitations.  John Doe NE 10/8/94 has been indicted for one count Attempted Rape (F-2), one count Kidnapping (F-1), and one count Rape (F-1), for a total of three counts.

            On October 8, 1994, the 32 year old victim at the time, was walking home when she was grabbed from behind and dragged into some trees by a male, who then proceeded to rape her.  Both her sexual assault exam kit and evidence from the scene were collected and preserved for later testing.  In August of 2013, due to advances in scientific testing, those items were submitted to BCI for testing.  A DNA profile was obtained, but a match to a known suspect has not been made.  “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,” O’Brien stated.  The victim has been located and agreed with O’Brien that the case should be preserved for prosecution through this “John Doe” process.

            O’Brien said that Ohio courts have upheld the use of John Doe indictments and that the DNA technology with creative legal approaches permit the prosecution of criminals who might have in the past escaped justice.