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it's an unfortunate spiral: prosecutors have to judge what cases they can win on a limited budget: they look at rape prosecution history and find a low conviction rate, so they throw resources against categories of crime with higher conviction rates, make rape victims work hard to justify bringing a case when their natural tendency is to just want to get past it, leading to decreased expertise in bringing rape cases, leading to lower conviction rates.
Women don't "put themselves in questionable circumstances". Rapists search out people to rape. Big difference.
Seems like there are people needed to work law enforcement
I live in Miami, sadly I went in to pain because my daughter was raped, on May/09 from a stranger, she is 14 years old, I'm still waiting for the proof of DNA, from the rape-kit, to bring justice for her. The police already know who is him, where he works and its possible that they know where he lives, everyday I wake up asking myself, if this day is the day they catch him and finally I will live in peace.
"(FBI, Justice Department)Police departments told us rape kits don't get tested due to cost - up to $1,500 a kit"
I watched a program a few years ago and it was saying the same thing. They were saying that there are shelves full of these kits holding DNA samples and they are never tested because they don't have the money.
WHY NOT?
In the United States, rape kit costs, availability, proper implementation of the invasive exam, and backlogs have historically presented problems for survivors of rape seeking justice.[8][9][10]
As of May 2009, the federal Violence Against Women Act of 2005 went into effect,[6]requiring state governments who wish to continue receiving federal funding to pay for "Jane Doe rape kits" or, "anonymous rape tests", which allows victims too traumatized to go to the police to undergo the procedure at hospitals, which will maintain the collected evidence in a sealed envelope identified only by a number, unless police access its contents upon the victim's decision to press charges. While the practice had been recommended by the Federal Bureau of Investigation since at least 1999, and was already followed at some health clinics, colleges and hospitals, and in the state of Massachusetts, many jurisdictions up until then refused to pay the estimated $800 cost of the rape examination without a police report filed by the victim.[11]
- Instructions
- Bags and sheets for evidence collection
- Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
- Blood collection devices
- Comb used to collect hair and fiber from the victim’s body
- Clear glass slides
- Envelopes for preserving the victim’s clothes, head hair, pubic hair, and blood samples
- Nail pick for scraping debris from beneath the nails
- White sheets to catch physical evidence stripped from the body
- Documentation forms
- Labels
[edit]
They could AT LEAST get the dna samples.
In the United States, rape kit costs, availability, proper implementation of the invasive exam, and backlogs have historically presented problems for survivors of rape seeking justice.[8][9][10]
In 2011, the National Institute of Justice published a report, “The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases," providing an overview of deep problems nationwide and the contributing factors to ongoing bureaucratic difficulties. These backlogs and delays may lead to a lack of justice for victims, the report notes, and “in worst-case scenarios … lead to additional victimization by serial offenders or the incarceration of people wrongly convicted of a crime.” Findings include: 1) As an indicator of how widespread this problem has become, “18 percent of unsolved alleged sexual assaults that occurred from 2002 to 2007 contained forensic evidence that was still in police custody (not submitted to a crime lab for analysis)"; 2) One major challenge is that 43% of law enforcement agencies “do not have a computerized system for tracking forensic evidence, either in their inventory or after it is sent to the crime lab"; 3) On average, 50–60% of kits test positive for biological material that does not belong to the victim; 4) Survey responses indicated that there may be some misunderstanding of the value of biological evidence. 44% of the law enforcement agencies said that one of the reasons they did not send evidence to the lab was that a suspect had not been identified. 15% said that they did not submit evidence because “analysis had not been requested by a prosecutor.”
(This is pathetic in this day and age. Let'd get some weapons and blow up another country, or something. Where is our money going?)
Depictions in media
The problem of rape kit backlogs was employed as a significant plot point in "Behave", the September 29, 2010 episode of the television crime drama, Law & Order: Special Victims Unit, which depicts a police sex crimes unit. In the episode, detectives investigate the case of a woman, played by Jennifer Love Hewitt, raped multiple times by the same man over the course of fifteen years, leading them to discover that the perpetrator has raped women all over the United States. The detectives attempt to contact the Special Victims Units in other cities, only to discover that most of them have never tested the majority of their collected rape kits.
This is like the schools in Texas letting kids drop out to skew the "No Child Left Behind" statistics. Crimes are not prosecuted in order to skew crime stats. Basically, you're on your own:
Some hospitals refused to even respond to her. Some voiced “economic concerns about how much of a drain it would be,” Snyder said. Others were more concerned with image: “One hospital’s response literally was, ‘We don’t want to be the rape hospital,’” Snyder says. Finally, Howard University Hospital agreed to host the program, providing local rape victims a greater chance of seeking justice from their attackers. But once the program was established at Howard, rape victims encountered another problem: All victims would have to receive police authorization before receiving an examination.
“It’s not just the hospitals who are skittish about being associated with rape,” says Snyder. “This is one of the greatest struggles we experience with law enforcement: The pressure on law enforcement is to always get their numbers down. But with sexual assault, seeing higher numbers should often be interpreted as a positive sign, if it means that more women are feeling comfortable to step up and say, ‘I was raped, and I demand justice.’” Snyder says she’s encountered many cases in D.C. where “the police’s assessment of what happened did not match up with what the survivor said happened,” she says. “For a sexual assault survivor who has already experienced an intense violation, to have your governmental system essentially say to you, ‘This didn’t happen, if it did happen it doesn’t really count,’ is devastating.”
- Texas
In Texas, it is considered unnecessary to administer a rape kit after 72 hours following the attack, as it is considered unlikely for useful evidence to be collected, though other types of evidence may still documented during the medical examination, such as survivor statements, and visible injuries such as bruises, lacerations or bite marks, through visual inspection, photographs and transcription .
(surprise.)
According to an April 2009 report by Washington City Paper. According to the report, rape survivors historically waited up to 12 hours in D.C. emergency rooms while the OB-GYNs present would attend to more immediate emergencies, such as births, after which the invasive exam would be performed by inexperienced residents, who made poor witnesses at trial.
As of January 1, 2011, the Illinois House of Representatives Bill 5976 addresses victims' confidentiality rights and the timely processing of rape kit evidence.
As of 1999, New York City in particular harbored nearly 17,000 untested rape kits, which were eventually eliminated with outside labs. In 2007, the city opened a $290 million forensic biology lab. According to Sarah Tofte of the Joyful Heart, an organization that provides support to survivors of sexual assault, domestic violence and child abuse, "Most jurisdictions allow for detective discretion in whether a rape kit is tested, but in New York City, the official policy is that every kit collected from a victim who reports a crime must be tested."
"even dads and brother/cousins/best friends can take advantage--esp if they are drinking also"
Are you serious? This is not taking advantage, it is committing a sex crime. That's the problem not this young lady's drinking.
Are you serious? This is not taking advantage, it is committing a sex crime. That's the problem not this young lady's drinking.
I thought the police were there to help. I guess not.
In 2005, I was raped by two men in the alley behind the bar. I won't go into all the details, but the point is I got reasons after reasons why they couldn't prosecute. I ended up in the ER and the rape kit was done. The doctor doing it said I had obvious tearing and bleeding. The detective on the case though basically made this situation even harder than it was. He kept telling me it was just my word against theirs' and I was probably too drunk and just don't remember. He said I would eventually remember that I wanted it to happen.
Of course it was my word against theirs. It was me against TWO. One of the guys was someone I knew and he said he thought it was ok ?? umm.. what ! I was there with my boyfriend .. I said no. I tried to run.. at what point in this did I give consent?
So eventually months later, I was told there wasn't enough evidence to prosecute. I asked them about the rape kit.. and they said I didn't give them permission to access it. uhh I DID sign sign a piece of paper for them to access pretty much all my records and what not. At this point I left the police station screaming and cussing .. I just couldn't believe this what happening.
I lost my faith in the judicial system many years ago. I asked questions to many on why 90% of all women who have been raped cannot tell their story nor will they be likely to report it. I was not really shocked at many of the answers that I got. Number 1 reason: I knew the person that raped me.
Of course it was my word against theirs. It was me against TWO. One of the guys was someone I knew and he said he thought it was ok ?? umm.. what ! I was there with my boyfriend .. I said no. I tried to run.. at what point in this did I give consent?
So eventually months later, I was told there wasn't enough evidence to prosecute. I asked them about the rape kit.. and they said I didn't give them permission to access it. uhh I DID sign sign a piece of paper for them to access pretty much all my records and what not. At this point I left the police station screaming and cussing .. I just couldn't believe this what happening.
I lost my faith in the judicial system many years ago. I asked questions to many on why 90% of all women who have been raped cannot tell their story nor will they be likely to report it. I was not really shocked at many of the answers that I got. Number 1 reason: I knew the person that raped me.
...this society teaches mostly woman that sex sells, and to be honest, i hate watching TV, looking at ad's anymore, about 75% of them all contain hot looking woman selling something. It's disgusting and sets up a bad attitude for guys and girls to go along with.
...she was raped by a person she used to date. She reported this. She went through all the investigation, the rape kit,and is still in counseling. The DA decided that since the two were once high school sweethearts that they could not get a jury to hear the case and therefore would not press charges. Now the boy wants to press charges against my daughter for falsely reporting to the police and would like to see her go to prison.
I was raped in 1987 by a boy in school. I had not gone to this school for very long. I reported the rape and found out later that the DA's office refused to press charges because I had known this boy. I only knew him for a few weeks and only by passing him in the halls. I recently learned that he did end up in prison after numerous rapes had happened and that one of the females that he raped was beat to almost death. I was shocked to hear that his total victims was in the 40 numbers. Soon after the rape happened to me and was told that there would be nothing done, I left the state entirely.
Law in Iowa is (or at least was in 2005 when i was told this) if the blood alcohol level is above 1%, than it is considered rape cuz the victim obviously has impaired judgement at this point.. but the law enforcement in Iowa don't abide by this either.
(Men need to carry a portable breathalyzer. Good stocking stuffer.)
Did you know that, in the new KS law, statutory rape of a minor and child porn are excusable in case where the victim is married to the accused? The new KS law of 2006 is a blast from the 19th century.
KS re-built thier sex laws in 2006 making nearly all sex rape. This was done out of a radical conservative agenda to make all sex illegal outside marriage....and to marry the sex laws with an extension of prohibition.
In the state of Kansas, it's rape if she was drunk. Better hope no one else saw her drinking because that witness alone, along with a rape kit should send you to prison.
I unfortunately have seen many, many, many male officers treat victims as " they had it coming " or " she wanted it then and now she's changed her mind". I was a female cop for 9 years and in that nine years tried getting my chief, detectives and other officers to take rape as a serious crime. I was told by my chief that " it doesn't happen as often as the statistics say, especially in our town ". after years of fighting with them, it became clear that until the law enforcement community is no longer dominated by men, the rape crisis in this country will not change. Women, if you want to fight it, get on the right side of it and start helping victims instead of being one. become a police officer and start making a difference in womens lives.
the FBI statistics on rape are if anything an underestimate of the number of actual rapes in the US each year. The National Crime Victimization Survey for 2008 estimated the number of rapes/sexual assaults against victims 12 y/o and older to be over 200,000. Surveys which asked questions based on actions (closer match to actual criminal statutes) rather than labels return much higher estimates.
how on earth does being celibate protect one from rape?
Here the stats from the U.S. Dept of Justice website. (http://www.ojp.usdoj.gov/bjs/crimoff.htm#sex)
"Sex offenders
* On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community.
* The median age of the victims of imprisoned sexual assaulters was less than 13 years old; the median age of rape victims was about 22 years."
You got that right--the median age of sexual assault victims was less than 13.
And there are thousands upon thousands of human beings that are trafficked (esp. in places like Thailand, Africa and Eastern Europe) and still sold into slavery around the world every day--not just the US.
The only thing that is shocking is why people like you are defending sex offenders.
Rape in this country is surprisingly easy to get away with. The arrest rate last year was just 25 percent - a fraction of the rate for murder - 79 percent, and aggravated assault - 51 percent.
"When we have talked to victims, they very much so doubt that it was worth it for them to go to the police," said Sarah Tofte, US Program Researcher for Human Rights Watch. "They're incredibly disillusioned with the criminal justice system, and that sends a terrible message."
The suspect's attorney told police his client never had sex with Valerie. Yet an exam revealed "evidence of forced sexual penetration." Semen found on her underwear. Nurses took a rape kit- a collection of swabs and clothing that provide DNA evidence. The suspect provided a sample. But the DNA was never tested.
"Testing the kit is one way to affirm a victim's story," Tofte said, "and discredit the suspect's story."
A five month CBS News Investigation has found a staggering number of rape kits -- that could contain incriminating DNA evidence -- have never been sent to crime labs for testing.
At least 20,000 untested kits: 5,600 in Detroit. 3,800 in Houston. 5,100 in San Antonio, 1,100 in Albuquerque.
Rape Kit Data, by the Numbers
Many untested for years. And that's not all. At least twelve major American cities: Anchorage, Baltimore, Birmingham, Chicago, Cincinnati, Cleveland, Columbus, Indianapolis, Jacksonville, Oakland, Phoenix, San Diego said they have no idea how many of rape kits in storage are untested.
Police departments told us rape kits don't get tested due to cost - up to $1,500 a kit -- a decision not to prosecute, and victims who recant or are unwilling to move forward with a case.
Psychologist David Lisak from the University of Massachusetts has spent twenty years studying the minds of rapists.
"Somehow all we can do is take the statement from the victim. Take the statement from the alleged perpetrator and then throw up our hands because they are saying conflicting things," he said. "That's not how we investigate other crimes."
"Sex offenders
* On a given day in 1994 there were approximately 234,000 offenders convicted of rape or sexual assault under the care, custody, or control of corrections agencies; nearly 60% of these sex offenders are under conditional supervision in the community.
* The median age of the victims of imprisoned sexual assaulters was less than 13 years old; the median age of rape victims was about 22 years."
You got that right--the median age of sexual assault victims was less than 13.
And there are thousands upon thousands of human beings that are trafficked (esp. in places like Thailand, Africa and Eastern Europe) and still sold into slavery around the world every day--not just the US.
The only thing that is shocking is why people like you are defending sex offenders.
Rape in this country is surprisingly easy to get away with. The arrest rate last year was just 25 percent - a fraction of the rate for murder - 79 percent, and aggravated assault - 51 percent.
"When we have talked to victims, they very much so doubt that it was worth it for them to go to the police," said Sarah Tofte, US Program Researcher for Human Rights Watch. "They're incredibly disillusioned with the criminal justice system, and that sends a terrible message."
The suspect's attorney told police his client never had sex with Valerie. Yet an exam revealed "evidence of forced sexual penetration." Semen found on her underwear. Nurses took a rape kit- a collection of swabs and clothing that provide DNA evidence. The suspect provided a sample. But the DNA was never tested.
"Testing the kit is one way to affirm a victim's story," Tofte said, "and discredit the suspect's story."
A five month CBS News Investigation has found a staggering number of rape kits -- that could contain incriminating DNA evidence -- have never been sent to crime labs for testing.
At least 20,000 untested kits: 5,600 in Detroit. 3,800 in Houston. 5,100 in San Antonio, 1,100 in Albuquerque.
Rape Kit Data, by the Numbers
Many untested for years. And that's not all. At least twelve major American cities: Anchorage, Baltimore, Birmingham, Chicago, Cincinnati, Cleveland, Columbus, Indianapolis, Jacksonville, Oakland, Phoenix, San Diego said they have no idea how many of rape kits in storage are untested.
(FBI, Justice Department)
Psychologist David Lisak from the University of Massachusetts has spent twenty years studying the minds of rapists.
"Somehow all we can do is take the statement from the victim. Take the statement from the alleged perpetrator and then throw up our hands because they are saying conflicting things," he said. "That's not how we investigate other crimes."
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