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Lost justice
Untested rape kits can lead to more crimes
By JULIE DELCOUR Associate Editor
Published:
11/15/2009 2:27 AM
Last Modified: 11/15/2009 4:36 AM
On May 28, 2008, a 15-year-old girl reported a rape to Enid police. Officers interviewed a suspect several times, eventually obtaining a search warrant for 21-year-old Kory Alan Mitchell to provide a DNA sample.
One year ago, that sample arrived at the OSBI crime lab. But it was not until June 29 — eight months later — that a forensic analysis matched Mitchell's DNA to the victim's rape kit.
The delay had consequences. On July 7, only one day before Enid police received official notification of the match, another woman was assaulted in her home. Evidence subsequently linked the 6-foot, 4-inch 250-pound Mitchell to that attack. He was arrested and charged with second-degree rape and rape by instrumentation. He is being held in jail, awaiting disposition of his cases on Dec. 18 in Garfield County District Court.
Cautionary tale
The Enid story is a cautionary tale, but not an isolated one. The story is repeated with alarming frequency. Nationally, backlogs in rape kits are at crisis levels. These delays harm victims, who must deal with months, and often years, of uncertainty and fear.
More than 200,000 rapes are reported yearly. Nearly as many attacks go unreported out of shame or trepidation by victims. Nearly 1,600 rapes occur yearly in Oklahoma. Tulsa had 252 reported rapes in 2008, and 186 by August of this year.
Backlogs at the OSBI lab and at two regional labs are troubling. OSBI spokeswoman Jessica Brown agreed that eight months was far too long a delay in the Enid case.
But the OSBI's backlog pales in comparison to Los Angeles County, which has 12,500 untested rape kits. Houston recently found 4,000 untested rape kits in storage. Detroit reported a backlog of 10,000 kits.
The OSBI lab now has 185 open sexual assault cases; 115 cases are awaiting serology analysis and 70 cases DNA analysis, says Andrew Moreland, the lab's DNA technical manager. About one third of the 185 cases are assigned or are being worked on by an analyst. Earlier this fall, Brown told CBS News that the lab had 123 backlogged rape kits.
In general, the total number of cases for the lab has increased, Moreland said, and the average number of days that a case is open has decreased. In the last four years the average days open for a case in the central forensic biology lab has dropped from 255 days to 90-100 days. In the past two years, the number of open cases and the average days open have dropped significantly at the two regional laboratories.
In most instances delays are not willful. They instead reflect too little manpower and a shortage of funds. Nonetheless, the backlogs are creating one of this nation's greatest public safety issues given that 70 percent of rapists are serial offenders.
When rape kits go untested, rapists are not caught.
This is not the first time that backlogs have reached epic proportions. In 1989, a federal study found at least 180,000 rape kits untested.
Almost 10 years ago, a Virginia rape victim, Debbie Smith, whose story became the subject of a Lifetime movie, testified before Congress that she spent years in fear, waiting for her attacker to be caught. Her rape kit, meanwhile, languished at a crime lab for 6 1/2 years. When it finally was processed she learned that her rapist had been arrested and jailed on another crime shortly after Smith's assault. She expressed hope other victims would be spared such delays.
Debbie Smith Act
Riveted by her story, Congress in 2004 passed the Debbie Smith Act, directing a half-billion dollars toward clearing massive backlogs. The act did not restrict grants to rape cases so some recipients used funds to process DNA evidence in any case.
"Because of this loophole, the promise of the act remains unfulfilled," U.S. Sen. Al Franken, D-Minn., said last week. "Local figures suggest that these funds have not had their intended effect." Potentially hundreds of thousands of rape kits are sitting, untested.
These delays place communities at risk from habitual offenders and send a message to perpetrators and survivors that sexual assault cases are not a priority.
Now Congress will take another run at the issue. Last week, Franken introduced the Justice for Survivors of Sexual Assault Act of 2009. The measure would address the rape kit backlog.
If passed, the bill would provide strong financial incentives for states to clear their backlogs once and for all. The bill would reward states making progress in clearing backlogs and penalize those that don't, while allowing them the chance to regain any lost funds. The Department of Justice would analyze data and report back to Congress.
Survivors' trauma
With the federal government beginning to collect more DNA samples from nonviolent offenders — and many state governments following its lead — inaction now would mean that rape kits wait longer on the shelf, rape survivors wait longer for justice, and rapists spend more time on the streets.
As Franken said, "survivors of sexual assault do not deserve this."
Having a backlog isn't an impossible situation to remedy, Franken said. In just a few years, New York City cleaned up its backlog. As a result, its arrest rate for rapes jumped from 40 percent to 70 percent.
The rape kit backlog is a national problem and requires a strong federal response. It's time for Congress to act.
Julie DelCour, 581-8379
Julie.delcour@tulsaworld.com
By JULIE DELCOUR Associate Editor
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skippy1
, Tulsa (11/15/2009 6:21:07 AM)
At some point in time I fully expect that DNA samples will be taken at birth and put into a 'data bank' somewhere. Not every crime can be prevented, but common sense should dictate that violent offenses be given priority when it comes to identifying DNA...
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gadfly
, Broken Arrow (11/15/2009 9:00:08 AM)
Remember -- now that you have read this column about rape -- that Oklahoma Senators Inhofe and Coburn, oppose the use of the "morning-after-pill" (which prevents pregnancy after unprotected sex [rape]) and both are attempting to allow pharmacies to refuse to sell the "morning-after-pill" based on supposed religious grounds. They both want to allow doctors to refuse to give birth control information, and to refuse to tell a woman to use the morning-after-pill, or whaer she might obtain a pregnancy termination.
So, if a woman lives in an area with one pharmacy, and one doctor, and both are associated with archaic religious views about birth control -- such a woman is compelled to have an unwanted child, who most liely will become a burden to the taxpayers. People opposed to pregnancy terminations should be compelled to pay any realted costs (prisons, courts, welfare).
Also note, that Oklahoma Senator Inhofe was listed (in today's Garrison Keillor's column) as being one of the U.S. Senators "who look as if they've been banged in the head too many times."
Too many Oklahomans are proud to support ignorance -- and this means that democracy has failed in Oklahoma. Forcing rape victims to have any subsequent child is religious fanaticism at it ugliest.
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billy8
, Sand Springs (11/15/2009 9:37:34 AM)
Gadfly, you are so right, but the religious nuts and republicans will always rule in okiehomie.
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skippy1
, Tulsa (11/15/2009 10:06:37 AM)
Gadfly- Wrong forum for this issue. Article has nothing to do with abortions stemming from a rape. I agree this Senator is an idiot, but I was also raised in the Catholic church where the taking of a life, any life, is forbidden.
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wardog
, Miami (11/15/2009 10:44:51 AM)
It has everything to do with abortions from rape. I suppose some churches want you to suffer needlessly for God. Maybe we should still live in that time, then it would be ok. But we have moved on in other direction. We save babies, we don't allow them to die because of faith (some still do I know) we save men and women but when it comes to birth and its a woman...its all out the window. Women are still low on the list. If you believe womens lib raised women too far...you are very wrong. It was allowed for a few things but then it was forgotten. If you believe rapes are not swept under the rug because its 'only' a woman you are wrong. Women still get no respect, these back log on crimes...this excuse has been given forever...WHY, why aren't these lame excuses ever corrected??? It usually takes a tragic crime to change things, not with these crimes, this will never be viewed 'just the way things are'rape, abortion because of rape Why in Gods name has this become ok???? the 'life' excuse isn't right for any of it!
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2ndjoyce
, BA (11/15/2009 11:08:55 AM)
Great article, Julie. What's the solution? Do we need more trained personnel or is it more about funds for overtime pay?
I like skippy's DNA databank from birth idea.
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Mar
, Tulsa (11/15/2009 9:36:59 PM)
I like skippy's DNA databank from birth idea also.
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FUTURE WORLD
, Tulsa (11/15/2009 10:09:24 PM)
It's just a question of funding. A DNA data bank would be good for a number of different reasons. Besides assisting in locating missing children, fighting crime such a data bank might be useful in finding transplant matches and other medical procedures. But it all comes down to money. And a facility and technicians to house and maintain such a place would cost millions.
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