Between 2005 and 2008, federal funding was made available by the National Institute of Justice (NIJ) to help both state and local governments increase the capacity of their DNA testing. The demand for testing of rape kits and other forensic evidence continues to surpass the crime labs’ ability to process these cases. On August 10, 2010, H.R. 6085, the Sexual Assault Forensic Evidence Registry (SAFER) Act was introduced to Congress. If passed, this bill would provide additional funding for state and local law enforcement agencies in auditing and cataloguing their backlogs. It would allow the federal government to create a national database of evidence so that victims would have the ability to track the progress of their case online, thus empowering the victim.
Collecting DNA Evidence
Being a victim of a sexual assault can be extremely traumatic but it’s important to gather evidence so the attacker can be brought to justice. Large communities have Sexual Assault Response Teams (SARTs) who are specially trained to help victims by providing advice, counseling and support. All biological and physical evidence collected after a sexual assault is called a “rape kit” which should be done within 72 hours of an assault. The process generally includes:
- Taking photographs of the victim to document injuries
- Collecting the victim’s clothing and shoes
- The victim will be treated for any injuries requiring immediate medical care
- Samples of blood and urine will be taken, along with a sample of the victim’s hair
- Swabs of the oral and genital area will be collected
- Treatment to prevent pregnancy or sexually transmitted diseases will be administered to the victim upon request
Most hospitals have special rooms set aside for the primary purpose of collecting evidence in sexual assault cases. Once the crime is reported to law enforcement, they will have their criminal lab pick up the rape kit for DNA testing.
DNA Backlogs
The demand for DNA testing is on the rise due to increased awareness and how this evidence can help solve cases. While evidence for most criminal offenses is processed quickly, rape kits often sit for over a decade before being tested. In many cases, the statute of limitations has been exceeded, thereby letting the attacker go unprosecuted. These delays can result in allowing the serial offender to assault additional victims or end up incarcerating the wrong person for the crime.
Some of this backlog stems from the fact that all 50 states and the federal government passed legislation in 2009. These new laws require that DNA be collected from people convicted of certain crimes or from those arrested for specific types of offenses. All DNA evidence must be tested and the results are then uploaded into CODIS (Combined DNA Indexing System). DNA analysts use this database to search profiles obtained from crime scene evidence in an effort to match the DNA with the offender.
Wrongfully Convicted?
Because of the mounting backlog in DNA testing, many innocent people are sitting in jail, convicted of a crime they did not commit. Without DNA evidence, police rely upon eyewitness testimony from the victim. Unfortunately, this is the primary cause of wrongful convictions nationwide. Eyewitness identification is often unreliable, especially when the victim has been traumatized and unable to recall specific details. Over 235 people have been exonerated by DNA evidence in this country and that number may increase if and when the backlog problem is solved. If you have been wrongfully convicted of a crime, you should hire a criminal defense lawyer to review the specific facts regarding your case.
