Friday, August 05, 2011

An argument for testing rape kit backlogs

Reports KHOU-TV out of Houston, "An inmate serving time in the Texas Department of Criminal Justice for burglary and injury to a child was linked to an unsolved sexual assault of a woman in 2008, according to the Harris County District Attorney’s office." The rape kit wasn't immediately processed following the rape in 2008 because police had no suspect to try to match it to, but when they ran it through CODIS three years later they got a hit.

The state estimates that some 22,000 untested rape kits are sitting around in evidence rooms in just the Houston, Dallas and San Antonio Police Departments alone. This is the second time in a month that Houston police have solved a cold rape case by testing rape kits that have been languishing in storage for years.

See related Grits posts:

9 comments:

  1. Sorry, how is this an argument FOR an test backlog?

    If they had tested it and kept the DNA profile, as soon as the guy had been picked up on the other charge, or rather tested as a result of that other charge - the victim would have had closure, the crime solved and the bad guy more surely behind bars for longer.

    Here's to hoping guys like me will eventually be able to voluntarily submit to testing and get a certificate saying "Hey, I'm in the national DNA database and you can therefore expect me to have a very serious incentive not to commit some types of crimes. I'm more trustworthy than the other guy who doesn't."

    Useful for job applications, background checks, online dating profiles and anything else requiring people to trust you.

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  2. Ok, after re-reading your post I'm guessing I misunderstood you. Here's to hoping what you meant was:

    "An argument for reducing rape kit backlogs by speeding up testing even when police don't have a suspect."

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  3. Thank You Swede for re-reading the original post, Scott usually posts stuff that makes his point.
    I don't know about you but I can't see any reason other than laziness and not wanting to spend the funding needed to complete the tests, for them not to be done immediately. Of course it does involve Texas Law Enforcement so that will remove any hope of the question being well thought out. I wait to see the outcome for the victims in limbo.

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  4. I agree with the laziness and funding issues you mentioned, Homeless Cowboy. I also think gender has a lot to do with it.

    Rape is a crime that usually involves a woman as the victim and a man as the perpetrator. Most law enforcement officials are men. Seems to me rape, and other crimes where women are the victim, just aren't taken as seriously as crimes where men are victimized.

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  5. I mentioned your blog and your past discussion of the rape kit controversy in Texas in my syndicated column recently. Its now posted here:

    http://dianedimond.net/failure-to-test-is-a-failure-of-justice/

    Really enjoy reading your blog!
    Diane Dimond
    www.DianeDimond.com

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  6. Thanks Diane, glad you find the blog useful. :)

    Sandy, I'd be hard pressed to say rape charges aren't taken seriously. Ask any of Texas' DNA exonerees falsely convicted of sexual assault if the state treated the crime as a lesser offense and I promise you'll get an earful.

    IMO the reasons for the backlogs have more to do with a) funding, b) bureaucracy and c) simple inertia. Before CODIS was as robust as it is now, testing rape-kit evidence wouldn't help if you didn't have suspect DNA to match it to. Now rape kit evidence may GENERATE a suspect if they get a CODIS match. But just as generals always fight the last war, cops' ability to upgrade their methods usually lags behind more cutting edge techniques.

    Also, they let the backlogs get so big that now there really is a serious resource question. If they'd been keeping up as they went along it wouldn't be a big deal, but now it probably is a legitimate concern, requiring huge sums to accomplish. DPS labs have waiting lists of many months to process samples; process all the old ones and the backlog could stretch into years.

    Finally, some prosecutors don't want to test old rape kits in cases where they've secured convictions (e.g., in Bexar County) basically because of the possiblity of identifying innocent people convicted. That's another reason testing every kit is seen by many in law enforcement as controversial.

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  7. "
    Finally, some prosecutors don't want to test old rape kits in cases where they've secured convictions (e.g., in Bexar County) basically because of the possiblity of identifying innocent people convicted. That's another reason testing every kit is seen by many in law enforcement as controversial."

    Then the next Legislative session needs to compel those prosecutors to get the rape kits tested, and prosecute any who refuse. If they can make laws about shellfish and fishing competitions, they can sure make laws that actually do some good as well.

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  8. sw, it's just a matter of money. They'd have done that this session but it came with a high-priced "fiscal note," and requiring it without giving money for it is an unfunded mandate to cities and counties.

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