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.