Reno, Nev. (News 4 & Fox 11) — Lawmakers plan to take a look at California laws to see if they need to be changed to go after the suspects who rape a person decades ago. Currently the law only allows prosecution in more recent cases. The change could help a northern Nevada family.
A possible change in the law would help Sheri Hebensperger and her family. Hepensperger is severely disabled and was living in a home in Garden Grove in 1990. She was a ward of the state of California. She was 19-years-old when someone raped her in 1990, while in that facility, which has since closed.
"I mean, it was horrific from, you know. Sheri, who was so physically disabled and then to find out that, you know, she's pregnant from this," said Trina Tribby, Sheri's sister.
The family believes a contractor, visiting the southern California home, raped her. Police were not able to track down a suspect.
Sheri gave birth to Travis Tribby who is now 32 years old. He and his aunt, Trina live in northern Nevada.
"She knows who I am and she knows how she feels about her son," said Travis.
But 30 years later, the family had another investigative tool: DNA. A swab from Travis, a genealogist, along with a private investigator gave the family a name and location of a suspect. News 4 is not releasing it because police have not named him as a suspect or even that they're investigating him.
Even with the new evidence, police and the Orange County District Attorney's office said that legally time had run out for prosecuting this case.
"There were statute of limitations on a lot of cases and because the case was a 1990 case, the statute of limitation limitations has passed," said Sgt. Nick Jensen with the Garden Grove Police Department.
News 4 reached out to five lawmakers who have the power to change the law and California's Governor Gavin Newsom. His office said they typically don't comment on potential legislation.
Assembly Member Juan Alanis is a 30-year law enforcement veteran, elected in 2022.
"Our, advancements in science are helping, especially with, solving crimes. And so we need to be able to, as legislators, provide the tools available for law enforcement and for families to get justice and closure," he said
Alanis said he didn't know of any discussions in the legislature to change the laws to allow for prosecution of rapes dating back decades. But he said he plans at looking up drawing up legislation in December when the legislation is back in session. He is vice chair of the Public Safety Committee.
"Just like murder, there's no there's no statute of limitations. So why why would this be any different? And I think rape needs to be included with that," said Alanis.
Sheri's family is thrilled to hear that at least one lawmaker is going to take a second look at the law.
"I'm just grateful that somebody is actually listening and this is usually the first steps into getting something changed," she said.
Trina Tribby said she's considering filing a civil case against the suspect but she really wants him criminally charged.
"If I do a civil case, I've looked into it, there's still no justice for Sheri. He won't have to register as a sex offender and there's no jail time," she said.
News 4 will follow up with the California legislature and Assembly Member Alanis to see if a bill is introduced to eliminate the statute of limitations for rapes that occurred decades ago.