Essay Sample on Rape Kit Backlog

Introduction

Sexual assaults are among the most serious crimes in the world. Proper preservation of physical evidence from the crime scene is vital as it helps to investigate and prosecute the perpetrators (Campbell, Feeney, Fehler-Cabral, Shaw & Horsford, 2017). Rape or sexual assault kits are usually used to collect and preserve from the victims' bodies and the crime scene. The kits are submitted to forensic laboratories for DNA analysis. This paper seeks to summarize information on rape kit backlog from two articles and measures taken to address it.

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Article One

According to Campbell et al. (2017), it is advisable for victims of sexual assault to promptly seek medical assistance. During this procedure, the victims get preventive care such as prophylaxis and emergency contraceptives (Department of Justice, 2013). Apart from that, the medics conduct a forensic examination to obtain evidence for investigations. The evidence is stored in rape kits and forwarded to the Police, who later submit it to forensic laboratories. Nevertheless, many rape kits are not sent for DNA analysis, while others make it to the laboratories are not tested (End The Backlog). As a result, these unsubmitted and untested kits have created a backlog that hinders justice for the victims.

Despite their importance in solving crimes, some authorities in the United States fail to submit rape kits to forensic laboratories (Reilly, 2015). New York City, Los Angeles, and Illinois are the major cities that have reported numerous cases of untested kits. Campbell and Patterson (2012) conducted a study that showed that around 40% of rape kits that victims had consented to forensic examination were unsubmitted. Studies have shown that Police fail to submit these kits due to lack of sufficient resources, perceptions that the procedure is not beneficial in investigations, or having the freedom to choose which kits can be tested.

In recent years, advocacy organizations have raised awareness of backlogged kits through media and other projects (Campbell et al. 2017). There are three ways in which research on this problem can supplement the efforts of these organizations. Firstly, researchers should study the prevalence rate of untested kits to portray the scope of the issue (Anthony, 2015). Secondly, it is crucial to establish the root cause of the problem through the study of rape kits submission practices (Campbell et al. 2017). Lastly, it is essential to develop practical response strategies through the evaluation of response protocols. Therefore, all stakeholders should collaborate to formulate policies that have minimal risk and maximum healing for the survivors.

Article Two

According to Wang and Wein (2018), DNA evidence from rape kits is vital in investigations. The evidence is transferred to the Combined DNA Index System (CODIS) where comparison takes place with reference samples. The national database contains an offender file (samples from known offenders) and a forensic file (samples from crime scenes). When a current sample matches a sample in either file, it becomes useful in finding a perpetrator or in solving unsolved cases. Nevertheless, some samples are never tested and lead to rape kits backlog. Studies have shown that testing these backlogged samples may be beneficial in aiding the victims in healing and easing the justice process (Spohn, 2016). It is, hence, essential to find the best alternative in dealing with the sample kits.

There are four alternatives that jurisdictions can choose concerning rape kit backlogs (Wang & Wein, 2018). They can either decide not to test any of the kits, test all without prioritizing, test all with prioritizing, or test some kits and leave others (Bashford, 2013). Wang and Wein formulated a mathematical model to aid in the prioritization of the rape kits that are tested. The model includes and quantitates the offenders' specialization in the stranger and non-stranger sexual assaults. The two authors also conducted cost-benefit analyses on whether or not to test all the backlog and on the effect of testing non-stranger sexual assault kits. According to the model's results, Wang & Wein recommended that all backlogged kits should be tested and that it is impractical to prioritize stranger kits.

Based on information from the two articles, backlogging of rape kits is a severe problem. The situation has various impacts, both on the assault victims and the justice system at large. Firstly, the backlogs hinder victims from obtaining justice, especially in non-stranger cases where they can not identify the offender. As a result, it curtails their healing process as they end up living in fear of future assaults. Secondly, backlogging contributes to the perpetration of similar crimes. When offenders escape prosecution, they have more chances of committing the crime on other victims. Finally, the justice system becomes slow and costly as sufficient evidence lacks in resolving the crimes.

According to statistics from the articles, many efforts are underway in dealing with backlogged kits. For instances, organizations like Joyful Heart Foundation have established programs to deal with the problem. Also, governmental authorities have funded initiatives aimed at testing untested kits. Despite these measures, more studies are required to determine the root cause of the problem and also in formulating the best strategy of addressing the situation. It is, therefore, essential to increase awareness, funding, and offer more support to the sexual assault survivors.

Conclusion

In conclusion, rape kits are useful in collecting and preserving evidence that aids in solving sexual offenses. In recent year, concerns have arisen on the increase of backlogged rape kits. Information from the two articles show that measures are underway to solve this problem. Nevertheless, more efforts are needed to find a practical solution and help ease the justice system.

References

Bashford, M. (2013, March). How New York city tackled its backlog. Webinar presented for the National Center for Victims of Crime, Washington DC. Retrieved from http://victimsofcrime.org/docs/DNA%20Trainings/brashford-slides.pdf?sfvrsn=0 Accessed 11 March 2019.

Butler, J. M. (2012). Chapter 2-DNA Extraction Methods. Advanced Topics in Forensic DNA Typing. Elsevier. Maryland, 29-47.

Campbell, R., Feeney, H., Fehler-Cabral, G., Shaw, J., & Horsford, S. (2017). The national problem of untested sexual assault kits (SAKs): Scope, causes, and future directions for research, policy, and practice. Trauma, Violence, & Abuse, 18(4), 363-376.

Department of Justice. (2013). A national protocol for sexual assault medical forensic examinations: Adults & adolescents (2nd ed.). Washington, DC: Author.

End The Backlog. http://www.endthebacklog.org/about-us/about-end-backlog.

Reilly, S. (2015). Tens of thousands of rape kits go untested across USA. USA Today. Retrieved from http://www.usatoday.com/story/news/2015/07/16/untested-rape=kits-evidence-across-usa/29902199/. Accessed 11 March 11, 2019.

Spohn C. Untested sexual assault kits: a national dilemma. Criminal Public Policy 2016; 15:551-4.

Wang, C., & Wein, L. M. (2018). Analyzing approaches to the backlog of untested sexual assault kits in the USA. Journal of forensic sciences, 63(4), 1110-1121.