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Item packet for gathering and preserving concrete evidence following a rape allegation

A rape kit is a bundle of items used by medical personnel for gathering and preserving physical evidence following an allegation of sexual assault. The evidence collected from the victim tin aid the criminal rape investigation and the prosecution of a suspected assaulter.[1] [2] [iii] [4] DNA testify can take tremendous utility for sexual assault investigations and prosecution past identifying offenders, revealing serial offenders through Dna matches across cases, and exonerating those who have been wrongly accused.[five]

The kit was developed in Chicago in the mid 1970s, in order to provide a more than uniform protocol for prove collection after sexual assaults. While Louis R. Vitullo is frequently credited as the developer of the first kit, it was originally researched and proposed to Vitullo past Martha 'Marty' Goddard, who was a victim advocate and founder of Chicago'southward Citizens for Victims Help organization, and herself a sexual assault survivor.[6] [vii] [8] [nine] For years, the standardized tool was referred to equally a Vitullo kit.[1] [10] Today information technology is colloquially referred to as a rape test kit or a rape kit, which is used interchangeably to refer to the specific evidence that is obtained through the use of the rape kit.[11] Other terms and abbreviations used are sexual assault kit (SAK), a sexual assail forensic evidence kit (Safety), sexual assail bear witness collection kit (SAECK), sexual offense evidence drove kit (SOEC) and physical evidence recovery kit (PERK).[12]

Invention of the kit [edit]

In the 1970s, after the women'southward movement had gained its first traction, and the media began to cover the reporting of rape and other forms of sexual assault, a sexual assault survivor named Martha Goddard embarked upon a crusade to create a comprehensive rape evidence collection kit and lobby for its adoption by law enforcement agencies. The lack of standardized protocol for correctly collecting such evidence, and the lack of understanding of or sympathy for those suffering the psychological trauma of such crimes meant that such evidence, when it was collected, was non preserved in a style that maintained its integrity. Goddard founded the Chicago-based Citizens Commission for Victim Assist to address the issue, researching the procedure by consulting with medical professionals, police force enforcement officials, members of the justice organisation, and scholars.[6] Through her friendship with businesswoman Christie Hefner, Goddard acquired funding for the kits from Playboy Foundation, the charity founded by Hefner's father, Playboy founder Hugh Hefner.[7] [ten]

The kit was first utilized in September 1978, according to a 1980 Chicago Tribune commodity, when 26 Cook County hospital emergency rooms incorporated its use into their standard practise for gathering trace evidence when treating rape victims. It consisted of a cardboard box containing items including swabs, slides and a small comb, and instructions for using them. Less than two years later on, 215 hospitals beyond Illinois were using it.[10]

The kit became known every bit "Vitullo kit" after Chicago police sergeant Louis Vitullo, the Chicago criminal offence lab'south chief microanalyst who worked on high-profile cases. This designation came almost at Vitullo'southward insistence because, according to Vitullo'south colleague, Marian Caporusso, forensic experts had "the terminal say-so for a lot of the pattern features." As a result, the printing described the effort to create and implement the kits as a collaboration between Vitullo and Goddard.[10]

Based upon the effective employ of the kits in Chicago, New York Metropolis adopted Goddard's kit system in 1982. In 1984, Goddard gave a presentation about the Chicago pilot projection at an FBI conference. Based on her presentation, The Section of Justice provided Goddard with funding to travel to help other states begin their own rape kit pilot programs.[7]

In a 2003 interview, Goddard related that through her piece of work in a Chicago teen crisis center, she learned virtually the very low rate at which rapes resulted in prosecutions.[9]

Description and use [edit]

Medical professionals larn how to use a rape kit at Camp Phoenix well-nigh Kabul, Transitional islamic state of afghanistan.

Kit contents [edit]

A rape kit consists of small boxes, microscope slides and plastic bags for collecting and storing evidence such as wear fibers, hairs, saliva, blood, semen or torso fluid.

Rape kits vary by location, merely commonly include the post-obit items:[1] [12] [13] [fourteen]

  • Instructions
  • Bags and sheets for prove drove
  • Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
  • Sterile urine drove containers
  • Sterile sample containers
  • Claret collection devices
  • Comb used to collect hair and fiber from the victim'due south body
  • Clear drinking glass slides
  • Self-sealing envelopes for preserving the victim's apparel, caput hair, pubic pilus, 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
  • Sterile water and saline[ane] [12] [13]

Examiners [edit]

Rape kit examinations are performed by medical professionals, most commonly physicians and nurses.[15] In some locations, examiners have received special preparation on performing sexual assault forensic exams. For case, many hospitals and health facilities in the United States and Canada accept sexual assault nurse examiners (SANEs) who are trained to collect and preserve forensic evidence and to offer emotional support to the victim.[16] [17] According to the International Association of Forensic Nurses, the number of SANE programs has steadily increased throughout the globe since its introduction in the United States in the 1970s.[xviii] As of 2016, over 700 SANE programs exist in the United states of america, Canada, and Australia.[18] SANEs were introduced in the Uk in 2001.[19] Japan has had a limited number of SANEs since as early as 2007.[xx]

Evidence collection [edit]

The process of collecting a rape kit is highly invasive and extremely time-consuming.[21] The physical test begins with the victim disrobing while standing on a large sheet of butcher paper, which collects any trace testify that may fall from the victim's body or clothes. The victim'due south clothing is carefully examined for trace bear witness before each garment is individually packaged with sheets of paper betwixt folds to protect confronting cantankerous-contagion.[22]

Examiners and then collect biological samples of semen, blood, saliva and other bodily fluids past swabbing the victim's genitals, rectum, mouth and body surfaces.[16] Examiners also collect fingernail scrapings and pluck head and pubic hairs. If the facility has the means, and the victim consents, the examiner will besides accept photographs of genital injuries using a colposcope.[23]

In improver to facilitating the drove of biological samples and injuries, the kit guides the documentation of the victim's medical history, emotional country, and account of the attack.[24] The entire process of collecting the rape kit takes between ii.v and 5 hours to complete.[21] [24] [25] [26] While the test is going on, the victim has the right at any point to enquire questions or stop the examination completely.[12]

Testing [edit]

Upon completion, the rape kit is sealed and typically transferred to local law enforcement. In the United States, if the victim is undecided virtually reporting the rape, the kit may instead be stored at the exam facility or at a law enforcement facility equally an "anonymous" kit.[27]

The law enforcement agency conducting the rape investigation can send the rape kit, in whole or in role, to the forensic science crime lab for assay. Forensic scientists will try to develop a Dna profile of the assaulter using the samples nerveless in the rape kit. If successful, the law-breaking lab will search the Dna contour against Deoxyribonucleic acid profiles of convicted offenders and other crime scenes using a Dna database. For example, crime labs in the United States run Deoxyribonucleic acid profiles through the three-tiered Combined DNA Alphabetize System (CODIS), which was developed in 1990 and contains Dna profiles at the national, state, and local level.[28] Similarly, the need to solve sexual attack crimes in Brazil led the Forensic DNA Research Institute of Federal District Civil Police to create a Deoxyribonucleic acid database in 1998 containing show specifically collected in sexual assail cases.[29] Deoxyribonucleic acid matches in such databases not only aid in identifying the assailant where unknown to the victim, only too may help make up one's mind whether the assailant (known or unknown to the victim) is a series rapist. These findings eventually may be made available for apply in court.[28]

In some cases, the rape kit does not yield Deoxyribonucleic acid evidence and the forensic scientist is unable to develop a Dna contour of the assaulter. This may be because the assaulter did not go out DNA behind, or also much fourth dimension passed before the victim had a rape kit exam performed, or the rape kit show may accept been improperly collected, stored or handled.[30] Due to the backlog of sexual assault cases, forensic scientists accept been challenged with the task of determining how to process the sexual assault kits effectively and within the statute of limitation on assaults.[31]

Damaged bear witness is something that is mutual amidst rape kits because survivors of sexual assault typically desire to wash themselves as shortly as possible following an attack. Prior to the exam, it is desired that patients avert using the rest room, combing their hair, bathing, changing their dress or cleaning up the scene of the assault. Nearly evidence needs to be collected within 72 hours to be viable, and patients are advised to either bring or wear the clothing they had on when attacked to the exam.[12]

Influence on sexual assault cases [edit]

Rape kit bear witness can aid the criminal rape investigation and the prosecution of a suspected assailant.[i] Information technology may also be used to exonerate the wrongly accused.[32] The do good of rape kit evidence depends in part on the character of the assault.[ citation needed ]

Stranger cases [edit]

In stranger sexual assail cases, the assaulter is unknown to the victim. In such cases, rape kits may exist instrumental in identifying the assailant through DNA profiling, which inquiry suggests may assist lead to an arrest. For example, a 2009 study examining sexual set on cases from two of 389 crime laboratories in the United States found that stranger-rape cases with forensic evidence were 24 times more than likely to produce an arrest than stranger-rape cases without forensic bear witness.[33]

Stranger cases tin take a longer time to identify the perpetrator because without forensic evidence, the instance becomes significantly more than difficult to prosecute. This is one of the chief problems that many victims face when coming forward that they had been raped.[34]

Acquaintance rape [edit]

The vast majority of sexual assaults are not-stranger (or "acquaintance") cases where the victim knows the assailant.[33] : 331 [35] : 256 While identifying a doubtable is not at issue, the kit'southward forensic show can be used to confirm offender identity in acquaintance rape cases. The kits may also exist used to decide whether the offender committed other crimes.[32]

In many associate sexual attack cases, the accused attacker volition defend the accusations as consensual encounters.[33] : 331 In such cases, rape kit evidence that documents the victim'south injuries, e.grand., photographs of bruising, is a useful tool to corroborate allegations of non-consensual sexual contact. In cases where the victim suffers a serious injury, filing charges and reaching convictions is more probable.[36]

In other acquaintance cases, the attacker may deny that sexual intercourse occurred at all. In such cases, specimens that evidence either sperm or specific enzymes that are unique to seminal fluid (enzymes prostatic acid phosphates or acrid phosphatase) tin be used to bear witness sexual contact.[16]

Series rape cases [edit]

Serial rape is divers equally an assailant that has raped ii or more victims.[37] Serial rape may involve sexual partner violence or non-partner sexual violence, and it may be in the aforementioned family unit, in the same or different regions of a city, or in dissimilar cities or states.[29] Dna collected by rape kits can assist pb to identifying and absorbing a person guilty of serial rape.[4]

In both stranger and non-stranger sexual attack cases, Deoxyribonucleic acid testing of rape kit prove and DNA database hits help place serial sexual assaults. For example, a 2016 written report of 900 previously untested rape kits in Detroit, Michigan found 259 CODIS hits, which included stranger and non-stranger sexual assault Dna profiles. Sixty-9 of the hits were serial sexual assault hits, 15 of which were acquaintance (non-stranger) sexual assault cases.[32]

In a study analyzing the condition of Brazil's DNA database in 2015, researchers found 223 matches related to 78 serial rapists.[29] At the fourth dimension, the Dna database contained 650 profiles from one blazon of assay of samples nerveless in rape kits—male autosomal STR profiles—and 420 profiles from a second blazon of analysis—consummate 23Y-STR profiles.[29]

Barriers to utilize [edit]

Backlog [edit]

Rape kit backlog refers to the problem of untested sexual assault kits.[23] The problem is twofold: it involves both the issue of rape kits not existence submitted to offense labs for testing and the related issue of crime labs not having enough resources to test all of the submitted kits.[32] [38]

Ane crusade of the backlog of rape kits being tested is detectives and/or prosecutors failing to request a Deoxyribonucleic acid analysis. When someone fails to request a DNA analysis, the kit sits in a police evidence storage facility untested. A rape kit is considered backlogged when it is not submitted for analysis within ten days of the evidence beingness submitted. A second cause of the excess is offense laboratory facilities receiving the rape kits and not testing them in a timely style. The Blithesome Heart Foundation, an anti-sexual violence charity founded by actress and activist Mariska Hargitay, considers these kits backlogged when the kit is not analyzed within 30 days of information technology beingness sent to the lab.[4]

Bourgeois estimates signal in that location are 200,000–400,000 untested rape kits in U.S. police departments, and big stockpiles of kits accept been documented in over v dozen jurisdictions, sometimes totaling more than 10,000 untested rape kits in a single metropolis.[5] The federal DNA Initiative has helped state too every bit local governments to increment the ability of their Deoxyribonucleic acid laboratories and decrease backlogs.[39] The actual number of untested rape kits is currently undefined because there is no nationwide organisation set up up to keep track of the cases. [40] This can exist attributed to the lack of a common definition of backlog, which can chronicle to cases non worked within a month of submission, or cases that accept not been submitted to the forensic labs for analysis.[41]

Destruction [edit]

In some locations, rape kits are destroyed before ever being tested and sometimes without notifying the victim. For victims of sexual set on in the U.s.a., for example, the length of time for which a kit tin go untested may be shorter than the statute of limitations. Policies in some jurisdictions instruct that rape kits be destroyed as early on as six months afterward they are initially stored.[42] By contrast, the shortest statute of limitations in the US is 3 years, though many states do not have a statute of limitations for rape.[43] Some states, including Washington and Idaho, have legislation in identify that requires a tracking system allowing constabulary enforcement, medical facilities, and survivors to check the condition of kits throughout the entire procedure, from collection to analysis and concluding disposition, and for survivors to exist notified if a decision is fabricated not to test a kit or to its destruction.[44] [45] That is two and a half years prior to the expiration of the shortest statute of limitations on rape constitute in the United states of america.[43]

Inaccessibility [edit]

Victims' access to rape kits is ofttimes limited. In many locations, the non-availability of rape kits prevents victims from obtaining medico-legal evidence that would otherwise help in the criminal investigation and prosecution of their aggressor. In Nigeria, for example, a written report analyzing sexual assault in Ile-Ife establish that the majority of victims went to the hospital within 24 hours of a sexual assail, simply did non receive a forensic medical examination because rape kits accept yet to be introduced in the country.[35]

In locations where rape kits are available, a lack of trained examiners may yet impede the ability of victims to undergo timely sexual assault examinations.[46] Shortages force victims to look hours for an exam or to travel long distances in social club to have a rape kit performed within the recommended 72 hour timeframe.[47] [48] These furnishings have been seen in Canada and rural America, where the shortage of examiners has recently been identified.[47] [48] [49]

Insufficiently trained examiners may as well lead to deficiencies in rape kits. A study of rape kit collection in Southward Africa found that rape kits were sometimes inappropriately used, missing proper specimens, or missing necessary forms.[50] The study recommended improved grooming of health care workers to overcome these deficiencies.[fifty]

Cost [edit]

The cost of rape kits is a barrier to use in many locations where the victim is billed for the collection of forensic prove. Collecting a rape kit reportedly costs upwards of $chiliad.[51] In some countries, reimbursement for the toll is contingent on the victim reporting the law-breaking to police. In Nihon, for example, a sexual attack victim must pay for the rape kit upfront, simply police will reimburse medical fees if the victim reports the assault.[52]

Victims of sexual attack in the United States faced similar hurdles until the 2005 reauthorization of Violence Against Women Act (VAWA), which requires states to pay for the price of the rape kit regardless of the victim's conclusion to report the set on to the police.[53] Under the more recent 2013 VAWA reauthorization, which took outcome in March 2015, victims also cannot be required to pay the upfront price of the exam. States may nonetheless require victims to submit claims for the rape kit exams to their personal insurance providers, as long as they are not billed for a deductible or a copay.[54] In the U.s., several organizations accept pledged millions of dollars in grants to assistance fund the analysis of rape kits in forensic laboratories. [55]

By state [edit]

Commonwealth of Ireland [edit]

In the Commonwealth of Ireland, victims of rape and sexual attack receive a forensic exam in a Sexual Assault Treatment Unit (SATU).[56] Prove is sent to Forensics Science Ireland (FSI), based in the Phoenix Park. At the end of 2018, in that location was a backlog of 70 cases, and it was taking up to a twelvemonth for results to exist released.[57]

United States [edit]

In the U.s.a., rape kit costs, availability, proper implementation of the invasive exam, and backlogs accept historically presented problems for victims of rape seeking justice.[58] [59] [lx]

Every bit of May 2009 the federal Violence Against Women Act of 2005 went into consequence,[13] requiring country governments who wish to continue receiving federal funding to pay for "Jane Doe rape kits" or "anonymous rape tests". These tests allow victims as well traumatized to become to the police to undergo the procedure at hospitals. The hospitals maintain the collected evidence in a sealed envelope identified only by a number, unless constabulary access its contents upon the victim's determination to press charges. While the practice had been recommended past the Federal Agency 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 and so refused to pay the estimated $800 cost of the rape examination without a police report filed by the victim.[61]

In 2011, the National Institute of Justice published a report, The Road Ahead: Unanalyzed Evidence in Sexual Attack Cases, providing an overview of deep issues nationwide and the contributing factors to ongoing bureaucratic difficulties. These backlogs and delays may pb to a lack of justice for victims, the written report notes, and "in worst-case scenarios...lead to boosted victimization by serial offenders or the incarceration of people wrongly convicted of a offense". Findings include:[62]

  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 nonetheless in police custody (non submitted to a law-breaking lab for analysis)"
  2. Ane major challenge is that 43% of constabulary enforcement agencies "practice not take a computerized organization for tracking forensic evidence, either in their inventory or after it is sent to the law-breaking lab"
  3. On boilerplate, l–lx% of kits test positive for biological cloth that does not belong to the victim
  4. Survey responses indicated that at that place may be some misunderstanding of the value of biological evidence. Twoscore-four per centum of the police enforcement agencies said that one of the reasons they did not send evidence to the lab was that a doubtable had not been identified. Fifteen percent said that they did non submit evidence because "analysis had not been requested by a prosecutor".[62]

The federal government established the Combined DNA Index Arrangement (CODIS) to share DNA matches amongst federal, land and local jurisdictions. The federal DNA Analysis Excess Elimination Act of 2000 and Debbie Smith Act authorizations in 2004 and 2008 provide additional funding to land and local jurisdictions to assist clear their rape kit testing backlogs. Equally of 2014, the federal government estimates a nationwide backlog of 400,000 rape kits, including many from the 1990s when evidence was collected only non tested for Deoxyribonucleic acid due to high costs and more primitive techniques bachelor at the time.[63]

Past state [edit]

California [edit]

According to a 2009 report by Homo Rights Lookout man, Los Angeles, California has the largest known rape kit backlog in the Us, with at least 12,669 languishing in storage facilities of the Los Angeles Police force Department, Los Angeles Canton Sheriff'south Department, and 47 independent constabulary departments in Los Angeles Canton, and "smaller, but not inconsiderable" backlogs residing at police criminal offense labs. These backlogs consist of both kits stored in evidence storage facilities, for which Deoxyribonucleic acid analysis is not requested by investigating detectives, and those submitted for testing at crime lab facilities, but which accept not been tested in a timely manner. Although authorities have struggled to accost the backlog problem, their attempts have reportedly been hampered by funding problems and politics. As a consequence of these backlogs, assail survivors are oftentimes not informed of the status of their rape kit or their instance.[60]

Illinois [edit]

Across Illinois, where police enforcement and prosecutors handle sexual practice crimes differently, a police excess of well-nigh 8,000 rape kits accumulated between 1995 and 2009, only 20% of which were tested. Constructive September 1, 2010, The Illinois Senate's Sexual Assault Submissions Human activity (Senate Bill 3269) requires law enforcement agencies to submit all testify collected by rape kits for laboratory analysis inside 180 days after the effective date of October xv, 2010, with a written notice to the Land Police. Illinois was the kickoff state to prefer such a police, setting a precedent for other states to follow. As of January 1, 2011, the Illinois House of Representatives Bill 5976 addresses victims' confidentiality rights and the timely processing of rape kit evidence. Both bills passed the Illinois Full general Assembly unanimously, and were signed past Governor Pat Quinn.[58] [64] [65] [66] [67]

New York [edit]

In New York State, a rape kit is also known equally Sexual Offense Evidence Collection (SOEC) kit.[68] As of 1999, New York Metropolis in particular harbored about 17,000 untested rape kits, which were eventually eliminated with outside labs. In 2007, the city opened a $290 million forensic biology lab. In 2015, the New York County District Attorney's Office announced that they would exist awarding $38 meg in grants to jurisdictions beyond the country in society to exam backlogged rape kits.[69]

Texas [edit]

In Texas, it is considered unnecessary to administrate a rape kit after 72 hours following the attack, as it is considered unlikely for useful evidence to be collected, though other types of bear witness may nevertheless exist documented during the medical examination, such equally survivor statements, and visible injuries such as bruises, lacerations or bite marks, through visual inspection, photographs and transcription.[70]

Washington, D.C. [edit]

In Washington, D.C., prior to the Violence Confronting Women Act, which went into effect in 2009, rape kits, despite existence standard issue in hospitals, have historically been hard to obtain, co-ordinate to an April 2009 report past Washington City Paper. According to the report, rape survivors historically waited up to 12 hours in D.C. emergency rooms while the OB-GYNs nowadays would nourish to more than immediate emergencies, such every bit births, after which the invasive examination would exist performed by inexperienced residents, who fabricated poor witnesses at trial. The Sexual Assault Nurse Examiner (SANE) plan was established in 2000 at Howard Academy Hospital in order to address this concerns, after a decade of attempts by Denise Snyder, executive managing director of the D.C. Rape Crunch Center (DCRCC), to find a major infirmary willing to host the program, most of whom either cited economic concerns or declined to reply to her inquiries. Afterwards Howard University adopted the program, survivors encountered the trouble of requiring police authorization before receiving a rape examination, which Snyder attributes to a desire to maintain low offense rates on the part of law enforcement agencies, whom, according to the Washington Paper tend to exist unsympathetic to declared rape victims. Detective Vincent Spriggs, of D.C. Metro P.D.'s Sexual Assault Unit, cites instances of false or unconvincing rape accusations, and requests for rape kits past women who wish to have pregnancy tests or the morning-after pill administered, as an obstacle to more open up use of the kits. In 2008, Howard University canceled the SANE programme, later on which it reopened nether the supervision of the mayor'south role.[xiii]

Depictions in media [edit]

The problem of rape kit backlogs was employed every bit a significant plot signal in "Acquit", the September 29, 2010 episode of the television offense drama, Police force & Social club: Special Victims Unit, which depicts the operations of a police sex crimes unit. In the episode, detectives investigate the case of a woman, played by Jennifer Love Hewitt, who has been raped multiple times past the same man over the grade of 15 years. Their investigation leads them to discover that the perpetrator has raped women all over the United states of america. The detectives attempt to contact the Special Victims Units in other cities, only to discover that most of them take never tested the bulk of their collected rape kits.[71] [72] The episode was based on the real-life story of abet and survivor Helena Lazaro.[73]

See too [edit]

  • Combined Dna Index Organization (CODIS)
  • DNA database
  • Forensic identification
  • Post-assault treatment of sexual assault victims
  • Rape in the U.s.
  • Sexual assault
  • Sexual Assault Survivors' Rights Human action

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Source: https://en.wikipedia.org/wiki/Rape_kit

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