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Can Text Messages Constitute Family Violence in Texas?

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Item parcel for gathering and preserving concrete prove following a rape allegation

A rape kit is a packet of items used by medical personnel for gathering and preserving physical prove post-obit an accusation of sexual assault. The testify collected from the victim tin aid the criminal rape investigation and the prosecution of a suspected aggressor.[i] [two] [3] [four] DNA evidence can have tremendous utility for sexual assault investigations and prosecution by identifying offenders, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused.[5]

The kit was developed in Chicago in the mid 1970s, in lodge to provide a more uniform protocol for bear witness drove after sexual assaults. While Louis R. Vitullo is frequently credited as the developer of the get-go kit, it was originally researched and proposed to Vitullo past Martha 'Marty' Goddard, who was a victim advocate and founder of Chicago's Citizens for Victims Assist organization, and herself a sexual assail survivor.[six] [7] [eight] [9] For years, the standardized tool was referred to as a Vitullo kit.[one] [10] Today it is colloquially referred to as a rape examination 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 assail kit (SAK), a sexual attack forensic testify kit (SAFE), sexual set on prove collection kit (SAECK), sexual criminal offense testify collection kit (SOEC) and physical evidence recovery kit (PERK).[12]

Invention of the kit [edit]

In the 1970s, after the women's movement had gained its beginning traction, and the media began to encompass the reporting of rape and other forms of sexual assault, a sexual assail survivor named Martha Goddard embarked upon a crusade to create a comprehensive rape evidence collection kit and foyer for its adoption by law enforcement agencies. The lack of standardized protocol for correctly collecting such show, and the lack of understanding of or sympathy for those suffering the psychological trauma of such crimes meant that such testify, when information technology was collected, was not preserved in a manner that maintained its integrity. Goddard founded the Chicago-based Citizens Committee for Victim Assistance to address the issue, researching the procedure by consulting with medical professionals, law enforcement officials, members of the justice system, 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 male parent, Playboy founder Hugh Hefner.[seven] [x]

The kit was get-go utilized in September 1978, according to a 1980 Chicago Tribune article, when 26 Cook County hospital emergency rooms incorporated its apply into their standard practice for gathering trace prove when treating rape victims. It consisted of a cardboard box containing items including swabs, slides and a modest rummage, and instructions for using them. Less than two years after, 215 hospitals beyond Illinois were using information technology.[10]

The kit became known as "Vitullo kit" afterwards Chicago police sergeant Louis Vitullo, the Chicago crime lab'southward principal microanalyst who worked on high-profile cases. This designation came nearly at Vitullo's insistence considering, according to Vitullo's colleague, Marian Caporusso, forensic experts had "the concluding say-so for a lot of the design features." As a event, the press described the effort to create and implement the kits as a collaboration between Vitullo and Goddard.[10]

Based upon the effective utilise of the kits in Chicago, New York Urban center adopted Goddard's kit organisation in 1982. In 1984, Goddard gave a presentation about the Chicago pilot projection at an FBI briefing. 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 work in a Chicago teen crisis center, she learned about the very depression rate at which rapes resulted in prosecutions.[9]

Description and apply [edit]

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

Kit contents [edit]

A rape kit consists of pocket-sized boxes, microscope slides and plastic bags for collecting and storing evidence such as clothing fibers, hairs, saliva, claret, semen or trunk fluid.

Rape kits vary past location, simply normally include the post-obit items:[1] [12] [xiii] [xiv]

  • Instructions
  • Numberless and sheets for evidence collection
  • Swabs for collecting fluids from the lips, cheeks, thighs, vagina, anus, and buttocks
  • Sterile urine collection containers
  • Sterile sample containers
  • Blood collection devices
  • Comb used to collect pilus and fiber from the victim'southward trunk
  • Articulate glass slides
  • Self-sealing envelopes for preserving the victim's dress, head hair, pubic hair, and blood samples
  • Nail selection for scraping debris from beneath the nails
  • White sheets to catch physical evidence stripped from the torso
  • Documentation forms
  • Labels
  • Sterile water and saline[1] [12] [13]

Examiners [edit]

Rape kit examinations are performed by medical professionals, virtually usually physicians and nurses.[xv] In some locations, examiners have received special training on performing sexual set on forensic exams. For instance, many hospitals and wellness facilities in the U.s. and Canada have sexual attack nurse examiners (SANEs) who are trained to collect and preserve forensic testify and to offering 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 world since its introduction in the U.s. in the 1970s.[18] As of 2016, over 700 SANE programs exist in the United States, Canada, and Australia.[18] SANEs were introduced in the Great britain in 2001.[19] Nihon has had a express number of SANEs since as early as 2007.[20]

Evidence collection [edit]

The process of collecting a rape kit is highly invasive and extremely fourth dimension-consuming.[21] The physical examination begins with the victim disrobing while standing on a large sail of butcher paper, which collects whatever trace show that may fall from the victim's body or clothes. The victim's wear is carefully examined for trace testify before each garment is individually packaged with sheets of paper betwixt folds to protect confronting cantankerous-contamination.[22]

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

In addition to facilitating the collection of biological samples and injuries, the kit guides the documentation of the victim's medical history, emotional state, and account of the assault.[24] The unabridged process of collecting the rape kit takes between ii.5 and 5 hours to consummate.[21] [24] [25] [26] While the examination is going on, the victim has the right at whatever bespeak to enquire questions or stop the exam completely.[12]

Testing [edit]

Upon completion, the rape kit is sealed and typically transferred to local law enforcement. In the Usa, if the victim is undecided well-nigh reporting the rape, the kit may instead be stored at the test facility or at a law enforcement facility as an "anonymous" kit.[27]

The law enforcement agency conducting the rape investigation can send the rape kit, in whole or in part, to the forensic science crime lab for assay. Forensic scientists will try to develop a DNA profile of the assailant using the samples collected in the rape kit. If successful, the criminal offence lab volition search the Deoxyribonucleic acid profile confronting Deoxyribonucleic acid profiles of convicted offenders and other crime scenes using a DNA database. For example, crime labs in the Usa run DNA profiles through the iii-tiered Combined Dna Index System (CODIS), which was developed in 1990 and contains Dna profiles at the national, land, and local level.[28] Similarly, the demand to solve sexual assault crimes in Brazil led the Forensic Dna Enquiry Institute of Federal District Civil Police to create a DNA database in 1998 containing evidence 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, but as well may aid determine whether the assailant (known or unknown to the victim) is a serial rapist. These findings somewhen may be made available for use in courtroom.[28]

In some cases, the rape kit does not yield DNA show and the forensic scientist is unable to develop a DNA contour of the assailant. This may be because the aggressor did not leave DNA behind, or likewise much time passed before the victim had a rape kit exam performed, or the rape kit testify may have been improperly collected, stored or handled.[xxx] Due to the backlog of sexual assault cases, forensic scientists have been challenged with the task of determining how to procedure the sexual assault kits effectively and within the statute of limitation on assaults.[31]

Damaged evidence is something that is common among rape kits because survivors of sexual assail typically desire to launder themselves as soon every bit possible following an attack. Prior to the exam, it is desired that patients avoid using the residual room, combing their pilus, bathing, changing their dress or cleaning up the scene of the set on. About evidence needs to be collected within 72 hours to be viable, and patients are advised to either bring or wear the habiliment they had on when attacked to the exam.[12]

Influence on sexual assault cases [edit]

Rape kit prove tin aid the criminal rape investigation and the prosecution of a suspected assailant.[one] It may also exist used to exonerate the wrongly defendant.[32] The benefit of rape kit evidence depends in part on the graphic symbol of the assault.[ citation needed ]

Stranger cases [edit]

In stranger sexual set on cases, the assailant is unknown to the victim. In such cases, rape kits may be instrumental in identifying the assailant through Deoxyribonucleic acid profiling, which research suggests may help atomic number 82 to an arrest. For example, a 2009 report examining sexual assault cases from two of 389 crime laboratories in the U.s.a. plant that stranger-rape cases with forensic evidence were 24 times more than likely to produce an abort than stranger-rape cases without forensic evidence.[33]

Stranger cases tin take a longer time to identify the perpetrator because without forensic show, the case becomes significantly more difficult to prosecute. This is one of the main problems that many victims face when coming forrard 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 aggressor.[33] : 331 [35] : 256 While identifying a suspect is not at issue, the kit's forensic evidence can be used to confirm offender identity in acquaintance rape cases. The kits may also exist used to make up one's mind whether the offender committed other crimes.[32]

In many associate sexual set on cases, the accused assailant will defend the accusations as consensual encounters.[33] : 331 In such cases, rape kit bear witness that documents the victim's injuries, e.g., 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 likely.[36]

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

Serial rape cases [edit]

Serial rape is defined equally an assailant that has raped two or more victims.[37] Serial rape may involve sexual partner violence or non-partner sexual violence, and it may exist in the same family, in the same or dissimilar regions of a city, or in different cities or states.[29] DNA collected past rape kits can help lead to identifying and arresting a person guilty of serial rape.[4]

In both stranger and non-stranger sexual set on cases, Dna testing of rape kit bear witness and Dna database hits help place serial sexual assaults. For instance, a 2016 study of 900 previously untested rape kits in Detroit, Michigan found 259 CODIS hits, which included stranger and non-stranger sexual assault DNA profiles. Sixty-nine of the hits were series sexual assail hits, xv of which were acquaintance (non-stranger) sexual assault cases.[32]

In a study analyzing the status of Brazil's Dna database in 2015, researchers institute 223 matches related to 78 serial rapists.[29] At the time, the Dna database independent 650 profiles from one blazon of analysis of samples collected in rape kits—male autosomal STR profiles—and 420 profiles from a 2nd type of analysis—complete 23Y-STR profiles.[29]

Barriers to use [edit]

Backlog [edit]

Rape kit excess refers to the problem of untested sexual assault kits.[23] The problem is twofold: information technology involves both the issue of rape kits non being submitted to law-breaking labs for testing and the related issue of crime labs not having plenty resources to test all of the submitted kits.[32] [38]

One cause of the backlog of rape kits being tested is detectives and/or prosecutors failing to request a DNA analysis. When someone fails to request a Deoxyribonucleic acid analysis, the kit sits in a law evidence storage facility untested. A rape kit is considered backlogged when it is not submitted for analysis within x days of the show being submitted. A 2nd cause of the backlog is crime laboratory facilities receiving the rape kits and not testing them in a timely manner. The Joyful Eye Foundation, an anti-sexual violence clemency founded by extra and activist Mariska Hargitay, considers these kits backlogged when the kit is non analyzed within 30 days of information technology being sent to the lab.[4]

Bourgeois estimates point there are 200,000–400,000 untested rape kits in U.S. law departments, and big stockpiles of kits have been documented in over five dozen jurisdictions, sometimes totaling more than 10,000 untested rape kits in a single city.[5] The federal DNA Initiative has helped state besides as local governments to increase the power of their Deoxyribonucleic acid laboratories and decrease backlogs.[39] The bodily number of untested rape kits is currently undefined considering in that location is no nationwide system set up to keep track of the cases. [40] This tin be attributed to the lack of a common definition of backlog, which can relate to cases not worked within a calendar month of submission, or cases that have 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 Us, for example, the length of time for which a kit can get untested may exist shorter than the statute of limitations. Policies in some jurisdictions instruct that rape kits be destroyed as early on every bit half dozen months after they are initially stored.[42] By contrast, the shortest statute of limitations in the United states of america is three years, though many states do not accept a statute of limitations for rape.[43] Some states, including Washington and Idaho, accept legislation in place that requires a tracking system allowing law enforcement, medical facilities, and survivors to check the condition of kits throughout the entire process, from collection to analysis and final disposition, and for survivors to be notified if a decision is made not to test a kit or to its devastation.[44] [45] That is ii and a one-half years prior to the expiration of the shortest statute of limitations on rape found in the United States.[43]

Inaccessibility [edit]

Victims' admission to rape kits is often limited. In many locations, the non-availability of rape kits prevents victims from obtaining medico-legal bear witness that would otherwise help in the criminal investigation and prosecution of their assailant. In Nigeria, for example, a study analyzing sexual assault in Ile-Ife found that the majority of victims went to the hospital within 24 hours of a sexual assault, just did not receive a forensic medical examination considering rape kits have even so to be introduced in the country.[35]

In locations where rape kits are available, a lack of trained examiners may notwithstanding impede the ability of victims to undergo timely sexual assault examinations.[46] Shortages force victims to wait hours for an exam or to travel long distances in order to have a rape kit performed within the recommended 72 60 minutes timeframe.[47] [48] These effects have been seen in Canada and rural America, where the shortage of examiners has recently been identified.[47] [48] [49]

Insufficiently trained examiners may besides pb to deficiencies in rape kits. A study of rape kit collection in South Africa institute that rape kits were sometimes inappropriately used, missing proper specimens, or missing necessary forms.[50] The study recommended improved training of wellness care workers to overcome these deficiencies.[l]

Cost [edit]

The cost of rape kits is a bulwark to use in many locations where the victim is billed for the collection of forensic evidence. Collecting a rape kit reportedly costs up of $1000.[51] In some countries, reimbursement for the cost is contingent on the victim reporting the crime to police. In Nihon, for example, a sexual assault victim must pay for the rape kit upfront, but police volition reimburse medical fees if the victim reports the assault.[52]

Victims of sexual assault in the United states faced similar hurdles until the 2005 reauthorization of Violence Against Women Act (VAWA), which requires states to pay for the cost of the rape kit regardless of the victim's decision to written report the assault to the law.[53] Under the more contempo 2013 VAWA reauthorization, which took effect in March 2015, victims also cannot be required to pay the upfront cost of the test. States may still crave victims to submit claims for the rape kit exams to their personal insurance providers, equally long as they are not billed for a deductible or a copay.[54] In the United States, several organizations have pledged millions of dollars in grants to aid fund the analysis of rape kits in forensic laboratories. [55]

By country [edit]

Democracy of Ireland [edit]

In the Republic of Ireland, victims of rape and sexual assault receive a forensic exam in a Sexual Assault Handling Unit (SATU).[56] Show is sent to Forensics Science Ireland (FSI), based in the Phoenix Park. At the end of 2018, there was a backlog of 70 cases, and it was taking up to a twelvemonth for results to be released.[57]

U.s.a. [edit]

In the United States, rape kit costs, availability, proper implementation of the invasive exam, and backlogs have historically presented bug for victims of rape seeking justice.[58] [59] [60]

As of May 2009 the federal Violence Against Women Act of 2005 went into event,[thirteen] 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 also traumatized to go to the police force to undergo the procedure at hospitals. The hospitals maintain the collected evidence in a sealed envelope identified only past a number, unless police access its contents upon the victim's conclusion to printing 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 land of Massachusetts, many jurisdictions upward until then refused to pay the estimated $800 cost of the rape examination without a law report filed by the victim.[61]

In 2011, the National Found of Justice published a report, The Route Ahead: Unanalyzed Evidence in Sexual Attack 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-instance scenarios...lead to additional victimization by serial offenders or the incarceration of people wrongly convicted of a crime". Findings include:[62]

  1. Equally an indicator of how widespread this problem has get, "eighteen pct of unsolved alleged sexual assaults that occurred from 2002 to 2007 independent forensic show that was notwithstanding in police custody (non submitted to a crime lab for analysis)"
  2. One major challenge is that 43% of law enforcement agencies "do non take a computerized arrangement for tracking forensic prove, either in their inventory or after it is sent to the crime lab"
  3. On average, 50–60% of kits test positive for biological textile that does not belong to the victim
  4. Survey responses indicated that there may be some misunderstanding of the value of biological prove. Forty-4 percent of the police enforcement agencies said that one of the reasons they did not transport evidence to the lab was that a suspect had not been identified. 15 percent said that they did not submit testify considering "analysis had not been requested past a prosecutor".[62]

The federal government established the Combined Dna Index System (CODIS) to share Dna matches among federal, state and local jurisdictions. The federal Dna Analysis Excess Elimination Human action of 2000 and Debbie Smith Act authorizations in 2004 and 2008 provide additional funding to state and local jurisdictions to help clear their rape kit testing backlogs. Equally of 2014, the federal government estimates a nationwide excess of 400,000 rape kits, including many from the 1990s when evidence was collected but not tested for Dna due to high costs and more than primitive techniques bachelor at the time.[63]

Past state [edit]

California [edit]

Co-ordinate to a 2009 study by Homo Rights Watch, Los Angeles, California has the largest known rape kit backlog in the United States, with at to the lowest degree 12,669 languishing in storage facilities of the Los Angeles Police Department, Los Angeles Canton Sheriff's Section, and 47 independent police departments in Los Angeles County, and "smaller, simply not inconsiderable" backlogs residing at police force criminal offence labs. These backlogs consist of both kits stored in evidence storage facilities, for which Deoxyribonucleic acid assay is non requested by investigating detectives, and those submitted for testing at offense lab facilities, simply which have not been tested in a timely manner. Although regime have struggled to address the backlog problem, their attempts have reportedly been hampered past funding problems and politics. As a consequence of these backlogs, assault survivors are oftentimes not informed of the status of their rape kit or their example.[60]

Illinois [edit]

Beyond Illinois, where police force enforcement and prosecutors handle sexual practice crimes differently, a police excess of well-nigh 8,000 rape kits accumulated between 1995 and 2009, only twenty% of which were tested. Constructive September one, 2010, The Illinois Senate's Sexual Attack Submissions Act (Senate Bill 3269) requires police force enforcement agencies to submit all bear witness collected by rape kits for laboratory assay inside 180 days after the constructive date of Oct 15, 2010, with a written detect to the Country Law. Illinois was the commencement land to prefer such a police, setting a precedent for other states to follow. Every bit of Jan one, 2011, the Illinois House of Representatives Beak 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 by Governor Pat Quinn.[58] [64] [65] [66] [67]

New York [edit]

In New York State, a rape kit is also known as Sexual Offense Evidence Collection (SOEC) kit.[68] As of 1999, New York Metropolis in item 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. In 2015, the New York County District Chaser's Office announced that they would be awarding $38 million in grants to jurisdictions beyond the country in social club to exam backlogged rape kits.[69]

Texas [edit]

In Texas, it is considered unnecessary to administer a rape kit subsequently 72 hours following the attack, equally it is considered unlikely for useful evidence to be collected, though other types of prove may withal exist 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.[70]

Washington, D.C. [edit]

In Washington, D.C., prior to the Violence Against Women Act, which went into effect in 2009, rape kits, despite beingness standard issue in hospitals, have historically been difficult to obtain, according to an Apr 2009 report by Washington Urban center Paper. According to the written report, rape survivors historically waited up to 12 hours in D.C. emergency rooms while the OB-GYNs present would attend to more than immediate emergencies, such as births, subsequently which the invasive test would be performed past inexperienced residents, who made poor witnesses at trial. The Sexual Attack Nurse Examiner (SANE) program was established in 2000 at Howard University Hospital in social club to accost this concerns, after a decade of attempts by Denise Snyder, executive director of the D.C. Rape Crunch Center (DCRCC), to find a major hospital willing to host the program, most of whom either cited economic concerns or declined to respond to her inquiries. Later on Howard University adopted the program, survivors encountered the problem of requiring police authorization before receiving a rape test, which Snyder attributes to a desire to maintain low crime rates on the part of constabulary enforcement agencies, whom, according to the Washington Paper tend to be unsympathetic to declared rape victims. Detective Vincent Spriggs, of D.C. Metro P.D.'s Sexual Assault Unit of measurement, cites instances of fake or unconvincing rape accusations, and requests for rape kits by women who wish to have pregnancy tests or the morning-afterward pill administered, as an obstacle to more open employ of the kits. In 2008, Howard University canceled the SANE programme, after which it reopened under the supervision of the mayor's function.[13]

Depictions in media [edit]

The trouble of rape kit backlogs was employed as a meaning plot betoken in "Behave", the September 29, 2010 episode of the television criminal offence drama, Law & Order: Special Victims Unit, which depicts the operations of a police sex activity crimes unit of measurement. In the episode, detectives investigate the example of a woman, played by Jennifer Love Hewitt, who has been raped multiple times by the same human over the course of fifteen years. Their investigation leads them to notice that the perpetrator has raped women all over the U.s.a.. The detectives attempt to contact the Special Victims Units in other cities, but to discover that most of them have never tested the bulk of their collected rape kits.[71] [72] The episode was based on the existent-life story of advocate and survivor Helena Lazaro.[73]

See also [edit]

  • Combined DNA Index Organisation (CODIS)
  • Deoxyribonucleic acid database
  • Forensic identification
  • Post-assail handling of sexual assault victims
  • Rape in the United States
  • Sexual assault
  • Sexual Assault Survivors' Rights Act

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

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