Theory Post

In my debate there are two sides: the victim’s and the state’s.  The state does recognize the fact that the backlog is a bad thing; however it says that there is not enough time or resources to test all of the kits in the backlog.  The victims, their families, and their supporters, like the Human Rights Watch, do not believe that the lack of resources should be a factor in the testing process.  They believe that the kits should be tested no matter what.

I do feel that there is a way to stop this polarized debate.  I think that the state should test the both the oldest and the most recent rape kits produced.  There are probably many that will not be able to be tested because the statue of limitations has run out.  I do not think that these should be thrown out; I think they should be tested after the backlog of the kits within the statute of limitations has been tested. I do realize that this could be considered a waste of time and resources, but I also think that the state owes the victim the knowledge of who attacked them and whether or not the assailant will be prosecuted for another attack.

The justice system should work its way through the backlog to the middle, and hopefully through more investigation links can be made between cases, through DNA, and then if a pattern is found, victimology and MO.  The testing of the older kits would, hopefully give the police a chance to investigate these cases further and produce links between those cases and new ones.  (Remember the average serial rapist commits 7 to 11 rapes, all of which could be prosecuted if the connection was made)  The reason I chose the oldest and the newest is because: 1- I do not want the older ones to slip past the statute of limitations deadline before the cases can be prosecuted and 2- I think by testing the newest ones, none would be entering the backlog, therefore allowing the backlog to shrink.

UPDATE: Analysis Post

When I was first introduced to the topic of the thousands of untested rape kits across America I was sitting at home watching the CNN Evening News and it was showing Mariska Hartigay’s emotional testimony in Congress.  Since she plays Detective Benson in Law and Order: Special Victims Unit (which did an episode to shed light on the topic), she receives many letters from rape victims, many of whom say their rape kit was never tested.  And this is easy to believe.  The organization Human Rights Watch first launched their investigation in 2008, where they took an inventory of the backlog in Los Angeles, CA, where there are over 7 thousand untested kits sitting in storage.  And LA is not the only city, Chicago also has a backlog.    CBS News investigated this topic and compiled a list of cities and states that have high numbers of untested kits.  Rape is very traumatic, of that, there is no doubt.  Many rapes are very brutal.  I found an article that gives a rather detailed and graphic account of the rape of Helena Lazaro (please take caution while reading), and another with the statistics related to her rape.

Now, I am assuming that many people do not know the details of what happens during a rape kit.  I found an article that has a brief, yet vivid, overview of the process.  This process is very invasive and personal, and by some accounts, painful; and can take up to six hours.  A rape kit takes hours to prepare, so many people ask why they are not being tested?  And the answer is: money and resources.  It costs from $250 to $1500 to test one kit, and that does not include the cost of paying the lab technicians.  Not only this, but DNA testing and the other tests that are used while testing a rape kit take time. So the kit itself will take a while before it is ready to be sent back to the police.  There is also the matter of an improper use of resources.  Many states are given grants, some through The Debbie Smith DNA Backlog Grant Program, to try and end the backlog, but not all of them are using the money or using the money for its intended purpose.  There are also other grants given to states to be used for testing DNA evidence, but does not indicate the kind of cases to focus on.

Another problem with not testing the kits, is that it allows the perpetrators to go on raping; it leads to more crimes.  The rapist of Helena Lazaro went on to rape another woman, and that only of what we know.  Most rapes are committed by serial rapists, and studies have shown that on average a serial rapist can commit 7 to 11 rapes.  And this could be avoided if kits were tested. Also, not testing the kits betrays the trust of the victim.  In many cases, the victim is unaware that their kit has not been tested, because the state is not required to make that notification.

There is a program backed by Congress to help end the backlog; however this program is not as effective as many people wish it could be.  Through all of the articles I have read, there seem to be a consensus that these kits need to be tested. And the Human Rights Watch have asked people to help eliminate the backlog.  Many people have come together to help promote the end of the backlog, like Neal  Baer and Mariska Hartigay.

Analysis Post

When I was first introduced to the topic of the thousands of untested rape kits across America I was sitting at home watching the CNN Evening News and it was showing Mariska Hartigay’s emotional testimony in Congress.  Since she plays Detective Benson in Law and Order: Special Victims Unit (which did an episode to shed light on the topic) she receives many letters from rape victims, many of whom say their rape kit was never tested.  And this is easy to believe.  The organization Human Rights Watch first launched their investigation in 2008, where the took an inventory of the backlog inLos Angeles, CA, where there are over 7 thousand untested kits sitting in storage.  And LA is not the only city, Chicago also has a backlog.  CBS News investigated this topic and compiled a list of of cities and states that have high numbers of untested kits.  Rape is very traumatic, of that, there is no doubt.  Many rapes are very brutal.  I found an article that gives a rather detailed and graphic account of the rape of Helena Lazaro (please take caution while reading), and another with the statistics related to her rape.

Now, I am assuming that many people do not know the details of what happens during a rape kit.  I found an article that has a brief, yet vivid, overview of the process.  This process is very invasive and personal, and by some accounts, painful.  A rape kit takes hours to prepare, so many people ask why they are not being tested?  And the answer is: money and resources.  There is also the matter of an improper use of resources.  Many states are given grants to try and end the backlog, but not all of them are using the money or using the money for its intended purpose.

Another problem with not testing the kits, is that it allows the perpetrators to go on raping; it leads to more crimes.  The rapist of Helena Lazaro went on to rape another woman, and that only of what we know..  Most rapes are commited by serial rapists, and studies have shown that on average a serial rapist can commit 7 to 11 rapes.  And this could be avoided if kits were tested. Also, not testing the kits betrays the trust of the viticm.

Through all of the articles I have read, there seem to be a consensus that these kits need to be tested. And the Human Rights Watch have asked people to help eliminate the backlog.  Many peoplehave come together to help promote the end of the backlog, like Neal  Baer and Mariska Hartigay.

SVU Episode

Here is a Law and Order: Special Victims Unit episode that involves untest rape kits.  It also show the extensive work that goes into creating a rape kit and how not testing a rape kit can affect a case.  I found this episode to be quite enlightening. I hope you enjoy it.

Responses

I am going to address everyone's questions from my first two posts here.

To URB:  In cities like LA there are multiple rapes that occur each day. So, within a month or so there could be over 150 kits that need to be tested.  And it could cost between $250 and $1500 to test a kit.  And law enforcement officials have claimed to wait up to a year, and sometimes even two years, before getting the results. Now if you take the cost of doing a testing a rape kit and paying the technicians and forensic analysts it can probably cost about $3000 to test one rape kits; and if you get 3 rapes a day that is $9000 dollars.

To Fighting for Immigration Reform:  In some cases, a rape kit will not be tested because the police and district attorneys do not believe that it is a case that can be prosecuted and won.  And in other cases, the police and DA do not actually believe a crime has been committed.  As to who does the procedure, it can be performed by different people depending on the circumstances.  I won't be talking about this much, but if the victim was raped and murdered then the medical examiner's office will most likely perform the test.  If the victim is still alive, there are two options: a rape crisis center, which only handles rape victims, or a hospital.  A rape crisis center is a place where a victim can go for treatment without having to involve the police.  Generally, if a victim goes to the police then they are taken to the hospital for the test.  And if the victim goes to the hospital then, in most cases, the police are called in.  After the procedure has been collected and sent to the police station then it is up to the police to get it tested.

To StandUp:  I do agree with you: it does not make sense on the surface, but if you look at the money and the time, it is understandable that a backlog can occur.  However, I do not think that a backlog of 20 thousand kits is acceptable.

To Jessica H.:  I believe that your thought that victims will not come forward because they believe that their kit will not be tested has been brought up in the argument for getting all the testing done.  I hope to discuss that later on.

I hope that answers all your questions. If you need clarification on anything or have any more questions just let me know.

Also, here are the articles I used to help me with my posts:
Exclusive: Rape in America: Justice Denied
Rape in America, Behind the Emmy-Winning Story
Untested Rape Kits Lead to More Crimes
Untested Rape Kits Sit in Cold Storage
Rape Kits Data, By the Numbers

Video

Human Rights Watch has a channel on YouTube. And I found a video that discusses their investigation into untested rape kits and its result.

The Numbers

In large cities, like Los Angeles, rape is a common, yet atrocious, occurrence.  In Santa Monica, California new victims arrive daily at the Rape Crisis Treatment Center.  Rape kits are meticulously performed on each victim.  Yet, only a handful of these kits are tested.  A majority of these kits are sent to cold storage, where they wait for months, or even years, before they are tested.  A report by the Human Rights Watch proposes that the number of untested rape kits across America is over 400,000, with which the highest numbers occurring in large urban areas, like Los Angeles and New York City.  In Los Angeles the number of rape kits in cold storage falls just under 13,000.  In 2007, the Denny Smith DNA Backlog Grant Program provided $43 million to state crime labs, in order to reduce the number of untested rape kits in the U.S.  However, due to the improper use of the funds, 17 states had their grants by 50 percent in 2008, a loss of $500,000.  New York City cleared its backlog of 16,000 tested kits in three years.  Following the release of the numbers, the city of Los Angeles allocated $700,000 to fund the hiring of 16 climb lab staff members and $250,000 to pay for testing in private labs.

Introduction

Hello, my name is PJ.  I am going to be blogging about the recent mar on the criminal justice system: the large number of untested rape kits found across the United States.  Since this story appeared on CBS News in November of 2009, there has been an increased interest in this staggering number: over 20 thousand.  In many cases the kits have not been sent to the labs for testing and others the kits are there, but due to lack of time, resources, and workers the kits have yet to be tested.  This lack of testing has raised many issues for people across America.  Each year there are thousands of rapes, and if even one percent of these kits are not tested, then that is over a hundred rapists that are free to rape again.  Now, many cities are testing their backlog of kits, generating many hits in the system and many arrests.

In this blog, I will discuss the developments of this story, from its beginning a year ago to today.  I will also discuss the many challenges faced by both victims and the justice system when dealing with rape cases.  In addition, I will discuss the many ideas that have been posed to help reduce the number of untested kits.  I will also follow this story as a piece of legislation makes its way through Congress that will hopefully reduce the backlog and prevent future rape kits from waiting months and even years before being tested.  I invite you to comment or ask questions. I will do my best to respond.  Thanks for reading!