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.