PUBLISHER'S NOTE: America has a distressing backlog of untested sexual assault tests. This backlog is an impediment to police investigations - and can also prevent suspects from demonstrating that they are innocent. As Forensic Magazine reports: "Texas
is the first state to pass a law that would establish a wide array of
rape kit reforms—including mandatory testing, an annual statewide
audit and a tracking system for both law enforcement and victims to
track results." Other states are atempting to pass similar bills. Kudos to Forensic Magazine - Senior Science Writer Seth Augenstein, in particular" - for the important reporting it has done in this area.
Harold Levy: Publisher; The Charles Smith Blog;
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"Texas
is the first state to pass a law that would establish a wide array of
rape kit reforms—including mandatory testing, an annual statewide
audit and a tracking system for both law enforcement and victims to
track results. The extent of the tracking system—whether it ends with CODIS hits or
extends through disposition of potential criminal cases—remains to be
seen in its ultimate implementation. The state has become the first to pass legislation that would fulfill
requests of advocacy groups like the New York-based Joyful Heart
Foundation. “Texas becomes the first state to pass all key pillars necessary to
truly address a state’s untested sexual assault kits,” said Ilse Knecht,
director of policy and advocacy for Joyful Heart. “In particular, the
tracking of rape kits mandated by H.B. 281 is critical.” Such testing would establish a common system to track the kits—from
hospitals, to law enforcement and crime laboratories, according to the
advocates. Included within the system would be a mechanism for survivors to check the status of those kits—from collection to analysis. Such tracking systems in other states have traditionally been able to
report whether a suspect is identified—but not necessarily what outcome
it results in (for instance, the identity of an unknown assailant, an
arrest or a prosecution). Melissa Schwartz, spokeswoman for Joyful Heart, said the new law
mandates participation from any agency that investigates or prosecutes a
case.
But getting the full database up and running isn’t as simple as just signing a law, Schwartz conceded.........The tracking system to tell authorities and policymakers how
effective “eliminating the backlog” of rape kits is has been a goal of
some notable advocates. Rockne Harmon, a retired California prosecutor,
has
written about the “panacea” of rape-kit testing for Forensic Magazine in the past, and spoken in several interviews about the backlogs. It’s not that rape kits shouldn’t be tested, Harmon says. But testing
should be done in a well-orchestrated manner, and the results should
all be properly documented, to better understand how funding and law
enforcement resources could best be utilized to catch the most—and most
dangerous—criminals, he adds. ........Knecht, of Joyful Heart, told
Forensic Magazine in January
that the state-by-state effort to eliminate the backlog is a “patchwork
of progress,” depending on policies and agencies. Texas still has more than 19,000 kits backlogged statewide, according to advocates. One of the key provisions to Texas’ law is mandatory state funding to
make the mandatory testing, database tracking and annual auditing
possible. A bill that appeared in the Texas legislature in March made
headlines when it proposed to crowdfund for testing of rape kit
evidence. (The recently passed bill asks drivers renewing their licenses
to contribute $1 to statewide rape kit analysis). Other states are attempting to pass laws similar to Texas’. It was
reported last year that nearly half of all state legislatures had
started working on rape kit reform bills. “With this passage, Texas has demonstrated its commitment to bringing
justice to survivors, holding violent perpetrators accountable for
their crimes and promoting public safety for all residents,” said
Knecht.
Forensic Magazine has previously reported on how
state-by-state statutes of limitation have begun to expire as the thousands of rape kits remain untested."
https://www.forensicmag.com/news/2017/06/texas-implement-rape-kit-reform-law-including-tracking-tests
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the
Charles Smith Blog for reports on developments. The Toronto Star, my
previous employer for more than twenty incredible years, has put
considerable effort into exposing the harm caused by Dr. Charles Smith
and his protectors - and into pushing for reform of Ontario's forensic
pediatric pathology system. The Star has a "topic" section which focuses
on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please
send any comments or information on other cases and issues of interest
to the readers of this blog to: hlevy15@gmail.com. Harold Levy;
Publisher; The Charles Smith Blog;
