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Kits Languish On Shelves For Years, Or “Hey, It’s Only Rape After All”

Okay, I admit it. I have been procrastinating writing up this post. No, it isn’t playing with the puppies (and I have found homes for at least one, if not two of them – yay!), though I have been enjoying their company. It’s not even the rain, much needed, that is falling. It is the topic itself. I am so disgusted, revolted, furious, shocked, and outraged by it, I scarcely know where to start. Once I can stop throwing up, that is. Well, here’s a jumping off point – I got the heads up courtesy of fellow NQ writers, Ani, and artist extraordinaire, Pat Racimora, so thanks for this, I think.

Okay. I’ll stop beating around the bush. This article was written by Nicholas Kristof, Is Rape Serious?. Now, one would think the immediate answer to that is a resounding, “YES!” One would be wrong:

When a woman reports a rape, her body is a crime scene. She is typically asked to undress over a large sheet of white paper to collect hairs or fibers, and then her body is examined with an ultraviolet light, photographed and thoroughly swabbed for the rapist’s DNA.

It’s a grueling and invasive process that can last four to six hours and produces a “rape kit” — which, it turns out, often sits around for months or years, unopened and untested (emphasis mine).


See what I mean? I cannot begin to tell you the number of close friends who have been raped or sexually assaulted. As someone who worked with a Rape Crisis agency, I cannot begin to tell you how FUCKING HARD it is for women to admit, acknowledge, accept, that they have been raped, and to try and do something about it. They FORCE themselves to go to the hospital, and subject themselves to the additional invasion in an effort to catch the assailant. And the damn things aren’t even PROCESSED??? Apparently not, more often than you would think:

Stunningly often, the rape kit isn’t tested at all because it’s not deemed a priority. If it is tested, this happens at such a lackadaisical pace that it may be a year or more before there are results (if expedited, results are technically possible in a week).

So while we have breakthrough DNA technologies to find culprits and exculpate innocent suspects, we aren’t using them properly — and those who work in this field believe the reason is an underlying doubt about the seriousness of some rape cases. In short, this isn’t justice; it’s indifference.

Well, that is certainly putting it mildly. “Indifference”? “INDIFFERENCE”??? No, that is blatant misogyny and sexism right there, not something as innocuous as “indifference.” This is a DECISION made by the people in those agencies who apparently don’t give a DAMN about women, and about the assault of women, not just physically, but emotionally and psychologically. Kristof makes my point:

Solomon Moore, a colleague of mine at The Times, last year wrote about a 43-year-old legal secretary who was raped repeatedly in her home in Los Angeles as her son slept in another room. The attacker forced the woman to clean herself in an attempt to destroy the evidence.

Tim Marcia, the detective on the case, thought this meant that the perpetrator was a habitual offender who would strike again. Mr. Marcia rushed the rape kit to the crime lab but was told to expect a delay of more than one year.

So Mr. Marcia personally drove the kit 350 miles to deliver it to the state lab in Sacramento. Even there, the backlog resulted in a four-month delay — but then it produced a “cold hit,” a match in a database of the DNA of previous offenders.

Yet in the months while the rape kit sat on a shelf, the suspect had allegedly struck twice more. Police said he broke into the homes of a pregnant woman and a 17-year-old girl, sexually assaulting each of them.

And everyone of those – oh – I can barely even come up with names bad enough for them – who did NOTHING with that rape kit are culpable for those women, no, that woman and that GIRL, being sexually assaulted. Their decision to not even bother to process that kit directly led to the perpetrator being able to attack again. Clearly, these particular people are not the only ones, as Kristof noted. But, WHY?

“The criminal justice system is still ill equipped to deal with rape and not that good at moving rape cases forward,” notes Sarah Tofte, who just wrote a devastating report for Human Rights Watch about the rape-kit backlog. The report found that in Los Angeles County, there were at last count 12,669 rape kits sitting in police storage facilities. More than 450 of these kits had sat around for more than 10 years, and in many cases, the statute of limitations had expired.

TEN YEARS??????? Some of these rape kits are sitting around longer than TEN YEARS???

There are no good national figures, and one measure of the indifference is that no one even bothers to count the number of rape kits sitting around untested.

Why don’t police departments treat rape kits with urgency? One reason is probably expense — each kit can cost up to $1,500 to test — but there also seems to be a broad distaste for rape cases as murky, ambiguous and difficult to prosecute, particularly when they involve (as they often do) alcohol or acquaintance rape.

Oh, yes – it is the expense of it all. Apparently, it is no problem to use DNA testing, or other forensic science to catch criminals, but to catch a woman’s rapist? Yeah, that $1,500 is just WAY too expensive. Maybe it’s because they just don’t think too much of what the victims’ say:

“They talk about the victims’ credibility in a way that they don’t talk about the credibility of victims of other crimes,” Ms. Tofte said.

Charlie Beck, a deputy police chief of Los Angeles, said that there was no excuse for the failure to test rape kits, but he noted that integrating a new technology into police work is complex and involves a learning curve. Since Human Rights Watch began its investigation, he said, the department had resolved to test rape kits routinely — and as a result, cold hits have doubled.

New technology?? What in the hell is Beck TALKING about, “new technology”?? If rape test kits have languished for more than ten years, how freakin’ new can this technology BE??

Moreover, if the results of these rape kits have actually DOUBLED the number of cold hits, it is CRIMINAL to NOT process them ASAP. The police departments are aiding and abetting these rapists because of whatever bullshit reason they want to offer up in their “defense.” There IS no defense for this. None. They are treating women’s lives as if they were dirt, plain and simple. If these were crimes of property, or murder (and many women would equate rape to murder), they’d be all over them, utilizing all kinds of resources. But, hey – it’s just women, right? So, what’s the hurry? And heaven knows, we can’t possibly use any of our budget to find their assailants, who are, you know, men. **Insert any cuss word you feel appropriate at this time. **

Well, at least there is SOME good news:

While the backlog and desultory handling of rape kits are nationwide problems, there is one shining exception: New York City has made a concerted effort over the last decade to test every kit that comes in. The result has been at least 2,000 cold hits in rape cases, and the arrest rate for reported cases of rape in New York City rose from 40 percent to 70 percent, according to Human Rights Watch.

Good for New York City! Now, if we can only get the REST of the country onboard with this concept (and it is not a difficult one – you get a rape kit, you send it in for testing, the results come back, and, voila! Ammunition to catch the rapist!)

Kristof continues:

Some Americans used to argue that it was impossible to rape an unwilling woman. Few people say that today, or say publicly that a woman “asked for it” if she wore a short skirt. But the refusal to test rape kits seems a throwback to the same antediluvian skepticism about rape as a traumatic crime.

“If you’ve got stacks of physical evidence of a crime, and you’re not doing everything you can with the evidence, then you must be making a decision that this isn’t a very serious crime,” notes Polly Poskin, executive director of the Illinois Coalition Against Sexual Assault.

It’s what we might expect in Afghanistan, not in the United States.

But it is precisely what is OCCURRING in the United States. I reckon, after this past election season, I really should not be too surprised by this complete and utter disregard for women, and what affects us at our deepest core. Not when we have “news” people like David Shuster calling Chelsea Clinton a whore, and her mother, a US Senator, a pimp. Keith Olbermann has made himself a laughing stock over his insane rants against Hillary Clinton. Oh, screw it – there is not enough time in the day to denote every single instance of sexism/misogyny in the past election. You can watch this for some reminders, if you wish:

That is but the tip of the iceberg of some of the blatant hostility toward women (Clinton in particular) we saw this past election year. What is evident is the pervasiveness of this disregard for women and the issues that affect us. So, yes, we are apparently more like Afghanistan, a country that recently passed a law giving husband the RIGHT to have sex at least once a week, i.e., RAPE his wife (along with child brides AND restricting a woman’s right to leave the HOME*), than we would ever admit. Apparently, we just aren’t as honest about our hatred and dismissal of women as they are. Make no mistake, that is exactly what this is. Hatred of women, and a callous disregard for our bodies, our lives.

Now you can see why I was dragging my feet. What this says about our country, about the very people who have sworn to protect us, is disturbing on so many levels it makes me want to throw up. I suspected that the treatment of Clinton (and Palin, for that matter) was just the tip of the iceberg, but I would GLADLY have been proven wrong. Gladly. But this, not even bothering to process rape kits for years is something I didn’t see coming. The lack of action speaks volumes, and what it says is horrifying…

* The photo in this article shows women in burkas. While I was in Egypt, I saw a number of women in burkas. Our guide, a young woman, said that Egypt is fairly progressive when it comes to women, and that the ones we saw were from other countries, like Saudi Arabia. And, she added, some Egyptian women wear them as a fashion statement. A FASHION statement. If you have never seen a woman up close and personal in a burka, I can tell you, it is startling. I can barely put it into words, but what it does is render her a non-entity. ALL you can see are her eyes, and even then, many burkas have a line of cloth that runs down in-between the eyes, covering as much of the woman up as possible. Honestly, it was shocking. That a woman would CHOOSE to wear something like that as “fashion” boggles my mind.

  • Diana L. C.

    Thanks for this post! However, depressing and shocking as it is, after this presidential campaign, I am not surprised. And that makes me very sad.

  • Linda Anselmi

    Powerful Post Amy. Thank you.

    I too am

    disgusted, revolted, furious, shocked, and outraged

    For a civilized society, we sure manage to find ways to devalue women!

  • http://noquarter foxyladi14

    good piece Amy..women are just treated like dirt,
    by everyone .
    get well/(hugs)

  • Cindy

    Rev. Amy–Thank you for this all-important post!
    While we need to sympathize with, and become engaged in, the plight of women around the world, we really need to start here, at home, FIRST!! Americans have got to take the logs out of their own eyes, before they try to remove the specs of sexism from other countries’ eyes!
    I think we need to re-define a “civilized society”, because when it comes to the treatment of our own women, we are NOT!

  • http://ezinearticles.com/?Three-Basic-Parenting-Styles&id=744499 Northwest rain

    Thanks for writing about this crime against women.

    This is not surprising information — and that is the sad part.

    The ERA must be passed — immediately. Of course this isn’t the cure — but merely a first step of toward acceptance of the concept that women are also human beings.

    Accomplice — that is the word we can use to describe the pigs who refuse to process the rape kits. These are rapists accomplices — they are aiding and sheltering rapists.

  • NomNomNom

    Thx for great article. It’s good to keep reminding people about this.
    http://www.un.org/rights/dpi1772e.htm
    rape can be considered a war crime but we still won’t declare rape or other gender targeted violence as hate crimes.
    http://www.un.org/en/documents/udhr/index.shtml

  • jbjd

    How many rape kits could be tested identifying DNA that results in prosecution and conviction, if we earmarked say, 1% of the $700 billion stimulus package, to hire forensic scientists, and expand and modernize lab facilities, and increase the staff of prosecutors, and humanize holding facilities so as to satisfy judicial scrutiny? (With another 1%, could we investigate the most effective way to rehabilitate a rapist or, better yet, examine how he became a rapist and, paying appropriate attention to child development and mental health screening, when it comes to the next generation, prevent it?)

  • http://www.rabblerouserruminations.blogspot.com/ Rabble Rouser Reverend Amy

    Perfect – yes, that is the word exactly: Accomplice. Well done.

    I agree, too, that we must stop judging other countries (nice biblical reference there, Cindy!), and look at ourselves. I have hope in Hillary Clinton to lead the way on this, though I don’t know how much Obama will “allow” (blech, yuck, ewww) her to do, especially when it comes to women’s issues.

    Unless it’s a, “heck, it’s only women – whatever.” Ahem.

  • Ani

    Very well said, Cindy. Too many women are deluded into thinking sexism is a thing of the past and that women and crimes against women are taken seriously in this country.

    Thanks so much, Amy, for this important piece. This topic needs to stay front and center til we don’t need to write about it anymore.

  • I’m a Linda too

    Oh my, this is so disgusting. So now we have to insturct everyone who has been raped to call and check up on the testing to ensur it’s been done?

    such a crock of sh!t to even utter the words, ‘it costs too much”. What percentage of saving lifes is enough? If this is what it costs to do the testing they need, then that’s the cost. Until they have government workers doing the testing, it will cost. But, this CHEAP test, gives them invaluable information and can stop further crimes. HELLOOO.

    Outrageous.

  • http://www.rabblerouserruminations.blogspot.com/ Rabble Rouser Reverend Amy

    Amen, Ani – our vigilance is required…

  • Ellen D

    Rev Amy, this is California’s shame. I would have thought better of my state.

  • Elizabeth

    Whmmm~~THAT election – - What choices ! This did come up directly in the campaign where women in Wasilla Alaska, were being billed for the cost of rape kits and forensic exams while Sarah Palin was mayor. Due in part at least to the inclusion of early contraception which in extreme religious fundamentalism equates with abortion ??

    Speaking personally, I would have zero problem reimbursing my own claim if that meant the darn thing was actually getting processed and not adding to anyone’s evidence backlog.

    I would also give consent for my identity to be released if that would promote the truth and
    help fight the social stigma surrounding rape and victimization that pushes full prosecution into the shadows.

  • http://bullmoosegal.blogspot.com bullmoosegal

    Thank you.

  • Kathy

    I’ve often said about the way this election was handled (particularly the primary) and about the way women are treated in this country that if we saw this on a news report about another country we’d invade to spread democracy. Bravo to you for writing this article–I can see why it would be so hard. It is profoundly disturbing.

  • Kathy

    Excellent point, but with Obama in charge it will never happen.

  • jbjd

    I meant to include that 1% of $700 billion is $70 million.

  • Ani

    Forgive my crudenes please but I have often said, if men in Congress thought they could each permanently grow their penises by a couple of inches if they cured breast cancer — it’d be a done deal.

  • Ani

    Forgive my crudeness please but I have often said, if men in Congress thought they could each permanently grow their penises by a couple of inches if they cured breast cancer — it’d be a done deal.

  • Karma

    Sadly, I am not shocked on many levels.

    Most of the women I know who were raped put on weight as protection from being raped again.

    And they didn’t seek police protection/involvement knowing it wasn’t worth the effort from other victims who took that path.

    Guess they were right….

  • I’m a Linda too

    SPOT ON!

  • lorac

    The police are responsible for collecting data, investigating possible suspects, etc – but it’s the District Attorney who is responsible for deciding whether or not to prosecute (here in CA, anyway). MOST of our cases here are not prosecuted – perhaps this is why the kits aren’t processed. The D.A. is an elected official, and D.A.s often feel they won’t be elected without a high conviction rate in their office – therefore, they will only prosecute cases they are certain they will win.

    And unfortunately, most of the cases, in my experience, involve alcohol. While a woman isn’t inviting or “asking for” rape if she is intoxicated, it does make her really, really vulnerable. Add in the date rape drug, which is very common, and she is way more vulnerable.

    Legally (again, in CA anyway) having sex with a woman who is intoxicated is a crime, because it’s a given that she can’t give informed consent. Even so, as said above, alcohol really muddies the waters, so those cases often aren’t even picked up by the D.A. The ones picked up usually consist of those women most provably innocent – attacked in their own home in their sleep by a stranger, etc.

    Then you add in the long and repetitive delays in the trial system, caused by the defendant, and the woman’s trauma increases exponentially, and she is likely to drop out. The police can prosecute DV without the woman pressing charges, but not rape. If she drops out, the case is closed. Then add in all the women who know how unlikely it is that her assailant will be caught, or if caught, be prosecuted, or if prosecuted, be found guilty, and you’ve added a large number to those who won’t even file charges.

  • lorac

    And of course, most women are raped by men they know and trust, not by strangers, so I think the D.A. looks on that prior aquaintanceship as making the case harder to prove.

  • Cahil

    Hard to read but a great post.

    As a man myself, I think the solution is obvious. Cut the genitalia off the offending men upon conviction. Who cares if it’s not a crime of passion but of power. Let them have the symbol of their crime stuck in a jar to remind them of their pathetic power trip.

  • JustMe~~

    Very disturbing…… words cannot even express how the women go through and then to add the evidence to a shelf simply to be forgotten….

  • skinny malinky

    1% of 700 billion is 7 billion. 70 million is .01% of 700 billion

  • Eileen

    This makes me soo angry. I had read about this backlog about a year ago and I was shocked and disgusted. I would like to be pro-active in changing this.

    Short of raising funds to have these rape kits processed, it would appear that the only way to get the city’s to process the rape kits in a timely manner or at all, would be to have a class action lawsuit by Gloria Alred type of attorney or the ACLU.

    Any ideas anyone? Rev. Amy, perhaps through your article, a grass roots campaign to get this atrocity put right, could begin. What say you?

  • mountainaires

    I’ve known about this for years, and yes, it enrages me. Personally, that’s why I wouldn’t hesitate to protect myself with Smith & Wesson.

    Why isn’t there a federal mandated time limit on rape kit processing? Why? Just tell me why. We have a right to a speedy trial in this country. Our rights are being denied if rape kit processing takes years, at best many months. And, we’re being put in danger daily by the delay.

    Someone please. Just tell me why we don’t have a law mandating rape kit processing within 30 days.

  • mountainaires

    lorac, everything you’ve said is true. However, the delay in processing the rape kit really has nothing whatever to do with any of that. Processing the rape kit is a matter of labs and personnel, not a question of whether or not the DA thinks he can win a case.

    And, in fact, the DA in the case specifically mentioned by RRRAmy, the DA could have made a strong case. If only the rape kit had been processed within 30 days.

    I suspect many more strong cases could be made by DAs across the country if rape kits were processed within 30 days.

    Yes, there are many reasons women retreat from prosecuting their rapists. However, processing of the rape kit in a timely manner is a civil right, and women clearly are being robbed of that right by apathy, and a sexist legal system.

  • http://rabblerouserruminations.blogspot.com Rabble Rouser Reverend Amy

    I say, YES! Maybe our Sec of State could help?

  • http://rabblerouserruminations.blogspot.com Rabble Rouser Reverend Amy

    Great point, jbjd – it is all abt priorities, and, well, women AREN’T one.

    And Kathy, you are absolutely right abt how we’d treat other countries that act similarly…

  • Elizabeth

    That’s a good question. It was certainly scheduled to happen under the “Justice for All” bill signed into law in 2004.

    http://www.hrw.org/en/node/81825/section/6

    In order to permanently eliminate the rape kit backlog and test every booked rape kit in a timely manner, both city and county crime labs will require a significant increase in DNA analysts, expanded workspace for DNA testing, more efficient DNA testing methods and equipment, and a DNA evidence tracking system. DNA testing of rape kits is a complicated process,[27] but both the county and city crime labs can be more efficient in the way they process this critical evidence.
    The National Problem

    There is no doubt that crime labs across the country are inundated with requests for DNA testing. The most recent federal Census of Publicly Funded Crime Laboratories-released in 2008 using data collected in 2005-shows that during 2005 public crime labs saw their DNA backlog double from the beginning to the end of the year, and that public crime labs across the country would need to increase their DNA analyst staff by 73 percent to keep up with DNA testing needs and requests.[28]

    Congress has recognized the problem of rape kit backlogs in crime laboratories. In 2004 Congress passed the Debbie Smith Act as part of the Justice for All Act.[29] The Debbie Smith Act established the Forensic DNA Casework and Backlog Reduction Grant Program, which provides federal funds for state and local law enforcement entities to test DNA evidence.[30] Both the Los Angeles City and County crime labs have been allocated substantial funding from the program, also known as the Forensic DNA Backlog Reduction Program. But it is not clear how much, if any, of the money was used to test rape kits. That the Police and Sheriff’s Departments’ rape kit backlogs remained constant or grew, despite millions of dollars in Debbie Smith Act funding, illustrates what is wrong with the current structure of the federal grant program to reduce rape kit backlogs in the US.

  • Texas Playwright

    Thanks, Rev. Amy. We women MUST stand up for ourselves, again and again, in the USA FIRST, then with and for other countries. Also, as Ben Affleck, for whom I have a new respect, said, men must own their responsibility in rape and stop other men from committing this crime.

    Onward and Upward. Women–and men–deserve to be respected AND accountable.

  • RWR

    This is a straight funding issue…you can only perform as many services as you are willing to pay for. Many parts of our country are virtual 3rd world regions, and if we take in more money it’s unlikely much will go to rape kit testing when we have so many expenses. Far reaching reforms would be required for this situation to change. Do you really think the country is ready for those changes?

  • http://www.rabblerouserruminations.blogspot.com/ Rabble Rouser Reverend Amy

    And that is one of the big issues – funding. Why WOULDN’T we fund the cost of analyzing the rape test kits? In the scheme of things, it is a helluva lot less money than the costs of personnel.

    It is a priority issue, as I said, and it says a lot abt what we, as a country, think of as important. That’s the whole thing…

    TX Playwright, you are absolutely right – we have to keep fighting, fighting, fighting for our rights.

  • RWR

    What would you give up to test rape kits? Yes, I’d like them tested. But this is a democracy. 1 in 5 women raped in a lifetime (yes, higher and lower estimates exist). 1 in 5 of those a stranger rape (ditto). That’s 1 in 25 women affected. That’s slightly over 1 in 50 people in the US directly impacted. BUT in some communities only half of all stranger rapes are reported so only maybe one in 70 or 80 would ever be directly impacted by a rape kit issue. And some of those in some communities are tested.

    Rape is horrific, but as a politician compare the odds that your voters are impacted to the odds they are impacted by cancer, alzheimers crime, immigration issues, single or teen parenting. Voters aren’t going to vote based on this issue, and basically voters really do get what they ask for.

    In some places where other issues compete less this may work, but unless you have a politician with a personal interest, I don’t see much chance the emphasis is going to change.

  • Elizabeth

    Grant money to crime labs for testing is apparently being cut because of a backlog of unspent funding. Rape and sexual assault are never going to be law enforcement and prosecutorial priorities. Shameful but true. It’s never going to be a priority without built-in accountability and oversight by the DOJ (not outsourced) requiring states to report how many rape kits are tested every year.

    It remains unclear why the LAPD and many other labs have not used all their grant money. Several labs contacted by ProPublica had no explanation for why the money hadn’t been spent.

    LAPD Assistant Chief Sharon Papa acknowledged that, on paper, the department had nearly $2 million in unspent federal DNA funds as of August. She and her staff said those figures did not account for about $500,000 of DNA work sent to private labs but not yet reflected on balance sheets.

    http://www.latimes.com/news/science/la-me-backlog9-2008nov09,0,76082,full.story

  • RWR

    I agree with you Elizabeth, it’s just not going to happen. It doesn’t hurt to push a little and maybe make some victories, but it won’t be a priority in any of our lifetimes.

  • Kay

    I find it very curious that most of these comments are by women and not men. Is that because no matter how “enlightened” men are or claim to “look at the qualifications, not the gender” they still believe at their core that women are beneath them? No matter what they admit to themselves or to the women in their lives, men look down on us. From BO to men in our own families, men are taught to believe this fallacy. Examples abound in our lives: coaches tell guys they play like girls, drill instructors break down men by comparing them to women and in prison, men’s statuses as men are lowered by raping them, thus lowering their status to that of women. Unfortunately, there are cases where no rape actually occurred, but that is no excuse to put aside every case. Each woman, especially those who have gone through the further trauma of a rape kit, need to be heard.

  • http://www.noquarterusa.net/blog/2009/05/09/our-daughters-for-sale/ Our Daughters For Sale : NO QUARTER

    [...] Editor’s Note: Check out more stories by No Quarter writers on Nicolas Kristof’s excellent columns about oppressed and abused women. See especially Reverend Amy’s shocking story about rape kits that languish on shelves for years while the rapists remain unidentified and free: Kits Languish On Shelves For Years, Or “Hey, It’s Only Rape After All”. [...]

  • Ken in IL

    Chris Mathews & KO need their own burkas!

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