Women’s Policy Inc reported on testimony given to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, “Rape Kit Backlogs: Failing the Test of Providing Justice to Sexual Assault Survivors.” Here is some of that testimony available at the WPI site:
Testifying during the first panel, Rep. Carolyn Maloney (D-NY), discussed another bill she currently is working on to help eliminate the DNA backlog, the Justice for Survivors of Sexual Assault Act, H.R. 4114. Rep. Maloney, who sponsored the Debbie Smith Act (P.L. 110-360), said, “Despite the availability of funds, it appears that some jurisdictions are unable to account for or process their backlogs — whether or not in evidence storage facilities or in crime labs. One of the real problems is that the demand for more DNA testing has outpaced the available capacity for analysis. My new bill, H.R. 4114, aims to help build that capacity, tackling only rape kits, and importantly, requiring jurisdictions to report rape kit backlog numbers — because we currently just don’t have the data. By creating incentives for jurisdictions to eliminate their rape kit backlogs, process their incoming rape kits in a timely manner, and publicly report their backlog numbers, this legislation would go a long way to ensuring that the purpose and intent of the Debbie Smith Act is fully realized.”
“I’m sorry to say Los Angeles knows all too well about the rape kit backlog,” said Rep. Adam Schiff (D-CA). He continued, “In 2008, a full accounting of rape kits sitting in storage for more than 30 days revealed that the backlog stood at over 13,000 kits between the city and county labs. A breakdown of the backlog revealed that over 200 kits in the county alone were older than ten years, and therefore beyond the statute of limitations for a rape case, even if a positive hit was discovered. Los Angeles is far from alone. Many other cities have these backlogs, whether their citizens know it or not … There is a simple step that we could take immediately to speed the processing of sexual assault evidence and to improve the efficiency of public labs. The National DNA Index System rule governs what can be uploaded into the national database. The rule requires that any crime scene evidence outsourced by a private lab must undergo a technical review by the public lab, which is a manual rechecking of the private lab’s work. The technical review of each kit is a time intensive process … For several years now, I have been calling on the FBI to evaluate this rule in light of the evidence that it is unnecessary and burdensome on overstretched public labs.”
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