Selects: How Rape Kits Work
In this episode of Stuff You Should Know, hosts Josh Clark and Chuck Bryant explore the development and implementation of rape kits, which are essential tools for collecting forensic evidence in sexual assault cases. They discuss how these kits evolved from their creation in the 1970s by sexual assault survivor Marty Goddard to become standardized evidence collection tools used by hospitals and law enforcement today.
The hosts also delve into significant challenges surrounding rape kits in the United States, including the discovery of large backlogs of untested kits in police departments across multiple cities. They examine how some departments have handled—or mishandled—these crucial pieces of evidence, and discuss various initiatives and funding efforts aimed at addressing the backlog of untested kits, along with the varying state laws that govern their preservation.
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1-Page Summary
The History and Development of Rape Kits
Rape kits, crucial tools for collecting forensic evidence from sexual assault victims, were developed in the 1970s through the pioneering efforts of sexual assault survivor Marty Goddard. Working with hospitals, police departments, and legal professionals, Goddard secured funding from the Playboy Foundation to create affordable kits. These early kits, known as "Vitullo kits," evolved into the Southwestern Sexual Assault Evidence Collection Kit by the late 1990s, which became the gold standard for evidence collection.
The Rape Kit Process and Victim Support
Chuck Bryant and Josh Clark explain that while the rape kit examination process can be traumatic for victims, it's essential for gathering evidence. They emphasize that victims should avoid washing or changing clothes to preserve evidence, and hospitals must obtain informed consent for each step of the examination. Importantly, victims can undergo forensic examination using a pseudonym without immediately involving law enforcement, allowing them to decide about prosecution later.
The Backlog of Untested Rape Kits
In the 2000s, investigative journalists uncovered thousands of untested rape kits in police evidence rooms across America. Cities like Detroit had 11,000 untested kits, while Memphis had 12,000. This backlog allowed serial rapists to continue offending while crucial DNA evidence remained untested. In response, initiatives like Mariska Hargitay's Joyful Heart Foundation and federal funding of $150 million have helped address the backlog, though challenges persist.
The Destruction of Untested Rape Kits
The issue of untested rape kits extends beyond backlogs to their destruction. As revealed in Fayetteville, North Carolina, some police departments have destroyed untested kits still within the statute of limitations. While the Justice Department recommends keeping rape kit evidence for 50 years, Josh Clark and Chuck Bryant note that state laws vary, leading to inconsistent handling of these crucial pieces of evidence and potentially denying victims future opportunities for justice.
1-Page Summary
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Actionables
- You can support survivors by donating to organizations that provide resources for forensic examinations under pseudonyms, ensuring victims' privacy and comfort during a difficult process. For example, find a local shelter or advocacy group that assists sexual assault survivors and contribute funds specifically earmarked for forensic services that respect anonymity.
- Educate yourself and others on the proper steps to take following a sexual assault to preserve evidence, such as not washing or changing clothes, and share this information through social media or community bulletins. This could involve creating simple infographics or flyers that outline these steps in a clear, accessible manner and distributing them in public spaces like college campuses, libraries, or community centers.
- Advocate for policy changes at the state level to standardize the handling of rape kits by writing to legislators, emphasizing the need for consistent practices across all states. You could draft a template letter that outlines the importance of preserving rape kits for the recommended 50 years and share it with your network, encouraging them to send it to their representatives as well.
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The History and Development of Rape Kits
Rape kits have been crucial in collecting forensic evidence from sexual assault victims since the 1970s, a transformation led largely by the efforts of a sexual assault survivor named Marty Goddard.
Rape Kits, Developed In the 1970s, Collect Forensic Evidence From Sexual Assault Victims
Marty Goddard, having survived sexual assault herself, recognized the inadequacies in evidence collection and the lack of seriousness with which police departments approached cases. To rectify this, she formed Citizens for Victims Assistance in the 1970s to create a system that would improve the situation.
Marty Goddard, Sexual Assault Survivor, Led Creation of First Rape Kits For a Victim-Centric Procedure
Goddard engaged with hospitals, police departments, and legal professionals to improve the handling of sexual assault cases. With a determination to make a difference, she sought funding for rape kits. The Playboy Foundation stepped in, granting her the means to start assembling these kits affordably to eliminate barriers to their widespread adoption.
"Early Rape Kits, Known As 'Vitullo Kits,' Marked a Key Step In Treating Sexual Assault Seriously."
The first official use of rape kits, around 1978 in Chicago and then throughout Illinois, marked a significant advancement in the treatment of sexual assault cases. These early kits, often referred to as Vitullo kits after Louis Vitullo – a figure tied to their development – highlighted the collaboration of Goddard and Vitullo, ensuring that the needs of victims were prioritized.
Evolution of Kits: The Southwestern Sexual Assault ...
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The History and Development of Rape Kits
Additional Materials
Actionables
- Educate yourself on the history and evolution of forensic evidence collection to better understand its importance in sexual assault cases. By reading articles, watching documentaries, or taking online courses about forensic science, you'll gain a deeper appreciation for the advancements made since the 1970s and the role of advocates like Marty Goddard. This knowledge can empower you to be a more informed citizen and ally in conversations about sexual assault and the justice system.
- Support organizations that provide resources and advocacy for sexual assault survivors. Look for local or national groups that work to maintain the accessibility and affordability of rape kits and other support services. Your involvement could range from donations, volunteering, or participating in awareness campaigns, which helps ensure that the progress made in victim support continues.
- Start a dialogue with your local community leaders or representatives about ...
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The Rape Kit Process and Victim Support
Chuck Bryant and Josh Clark highlight the emotionally challenging process of undergoing a rape kit examination for sexual assault victims, underlining the delicate nature of evidence collection and the importance of informed consent and victim support throughout the ordeal.
Reporting Sexual Assault: The Challenges Of Undergoing a Rape Kit Examination
Bryant and Clark emphasize that obtaining a rape kit can be traumatic, almost akin to reliving the assault. Despite this, such evidence collection is vital to apprehend perpetrators. They note that victims should not be billed for the rape kit, which includes testing for STDs and offering emergency contraception, but they might still face charges for treating injuries, antiviral drugs, or emergency contraception, which is deemed inappropriate. Before the Affordable Care Act, being sexually assaulted might be considered a pre-existing condition, potentially affecting future healthcare coverage.
Victims Advised to Avoid Washing or Changing to Preserve Evidence
After a sexual assault, it is critical for victims to avoid washing, bathing, or changing their clothes to preserve crucial evidence. If changing is necessary, they should do so over a collection medium like butcher paper or a towel to capture any falling DNA, such as hair or skin particles. The clothing should be placed in a separate bag and brought along for evidence collection.
Hospitals and Law Enforcement Must Respectfully Obtain Informed Consent From Victims
Clark and Bryant discuss that informed consent is paramount during the rape kit process. Victims should be treated gently and with the utmost respect, and medical professionals need to obtain explicit consent for each stage of the examination. It is also possible to undergo a forensic examination using a pseudonym without having to involve the polic ...
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The Rape Kit Process and Victim Support
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Actionables
- You can create a simple information card to carry in your wallet with steps to take and rights to remember if you or someone you know experiences sexual assault. This card could include reminders to not wash or change clothes, the right to a free rape kit, and the option to use a pseudonym during the forensic examination. Having this information readily available can empower individuals to make informed decisions in a crisis.
- Develop a personal safety app feature that allows users to discreetly record their consent preferences and pseudonym choice, which can be shown to medical staff or law enforcement if needed. This feature would help maintain the victim's anonymity and ensure their choices are respected during the rape kit process.
- Partner with a local self-d ...
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The Backlog of Untested Rape Kits
In the 2000s, investigative journalists revealed a staggering and unsettling discovery: thousands of untested rape kits had been left to gather dust in police evidence rooms across the United States.
In the 2000s, Journalists Found Thousands of Untested Rape Kits in Police Evidence Rooms
Failure to Test Backlog of Kits Showed Disregard for Sexual Assault Cases and Justice For Victims
Reporters uncovered that numerous police departments had tens of thousands of rape kits sitting in warehouses, neglected for many years. In Detroit alone, someone found a shocking 11,000 untested rape kits in a police storage facility. Other cities reported similar numbers, with 2,000 kits in Akron, Ohio; 3,000 in Phoenix; 4,000 in Dallas; and Memphis with 12,000 kits waiting to be tested. This backlog became symbolic of the negligence faced by sexual assault cases and the consequent lack of justice for victims. The failure to process these kits represents a violation in itself, considering each kit belongs to an individual who underwent an invasive procedure in the hopes of aiding police.
Backlog Let Serial Rapists Continue as DNA Evidence Remained Untested in Codis Database
The untreated kits not only symbolized systemic apathy but also had dire real-world consequences. These kits contained DNA evidence that could have been cross-referenced against the CODIS database to stop serial rapists. With sexual offender recidivism ranging from 5 to 32% over a 15-year period, it's tragic to consider the potential 550 to 3520 additional sexual assaults that could have occurred due to the backlog.
Clark speaks to the gravity of the situation by underscoring how the eventual testing of backlogged rape kits led to the arrest of the notorious Golden State Killer. This serves as a stark reminder that many serial rapists continued their crimes unabated while critical DNA evidence sat unexamined.
Efforts to Address Backlog Show Success, but Problems Persist
In response to widespread outrage, various initiatives and individuals have taken strides to address the backlog problem. Mariska Hargitay's Joyful Heart Foundation, along with endthebacklog.org, have been instrumental in raising awareness and advocating for change.
Concerted efforts have shown signs of progress. For instance, Congress's allocat ...
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The Backlog of Untested Rape Kits
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Actionables
- You can support victim advocacy by donating to organizations that fund the testing of rape kits, ensuring more kits are processed and potentially preventing future crimes. By contributing financially to these organizations, you're directly helping to reduce the backlog of untested kits. For example, you might set up a monthly donation to a nonprofit that works with local law enforcement to prioritize the testing of rape kits.
- Volunteer your time to assist victim support groups, which can help amplify the voices of those affected by sexual assault and push for systemic changes. By offering your skills, whether it's administrative support, event planning, or social media management, you're strengthening the resources these groups have to advocate for justice and policy reform. For instance, you could volunteer to manage a social media campaign that raises awareness about the importance of testing rape kits.
- Educate yourself and others about the importance ...
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The Destruction of Untested Rape Kits
The police chief of Fayetteville, North Carolina, has admitted to the public that untested rape kits within the statute of limitations were destroyed on his watch.
Police Destroy Untested Rape Kits Within Statute of Limitations
This harmful practice is not confined to a single agency but is widespread. Some law enforcement departments have official policies about the destruction of kits, while in others it comes down to decisions made by individuals.
Egregious Practice Increases Injustice for Abandoned Sexual Assault Victims
The destruction of these vital kits exacerbates injustices for sexual assault victims. When evidence is discarded, the possibility vanishes for it to be tested later, potentially identifying the assailant and thereby impacting future investigations and prosecutions.
Destroying Untested Kits Hinders Future Investigations or Prosecution, Denying Victims Closure and Accountability
Josh Clark and Chuck Bryant voice concerns about the repercussions of destroying untested rape kits. These include missing the chance to bolster convictions or exonerate those who are wrongfully accused. Clark emphasizes that each kit is supposed to be documented by every person who takes custody of it, ensuring a traceable chain of custody.
Guidelines Suggest Keeping Rape Kit Evidence For 50 Years, b ...
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The Destruction of Untested Rape Kits
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Counterarguments
- The police chief's admission could be seen as a step toward transparency and accountability, which could lead to policy changes and better handling of rape kits in the future.
- While the destruction of untested rape kits is widespread, there may be agencies that are working to improve their practices and ensure that kits are tested in a timely manner.
- Official policies on the destruction of rape kits may be in place due to storage capacity issues, budget constraints, or outdated practices that are in the process of being reformed.
- In some cases, the destruction of kits may be due to a lack of resources or funding to test and store all kits, rather than a deliberate attempt to exacerbate injustices.
- There may be instances where the destruction of kits does not hinder future investigations if the evidence within the kits has been deemed non-viable or if duplicate evidence exists.
- The recommendation to document each rape kit's chain of custody is a standard practice, but there may be instances where lapses occur due to human error or systemic issues rather than intentional negligence.
- The variation in state laws regarding the retention of rape kits reflects the complexi ...
Actionables
- You can educate yourself on the legal framework surrounding rape kit handling in your state by visiting government websites or contacting local representatives. Understanding the laws can empower you to advocate for change or support existing policies that protect victims' rights. For example, if you find that your state has a shorter retention period, you could write to your state legislator to express your concern and push for an extension.
- Start a digital awareness campaign on social media to inform others about the importance of proper rape kit management. Use hashtags, infographics, and shareable content to highlight the issue. This could involve creating posts that explain the impact of destroying untested rape kits and encouraging followers to demand policy reforms from their local law enforcement agencies.
- Volunteer ...
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