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New York, 5:29 AM
Mon Nov 23
18 posts in the last 24 hours
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11/10/09
11/10/09
11/10/09
The other non-solution I'm thinking about is date rape drug detection kits. It all adds up to a heavy CSI effect, where juries aren't convinced until they see some simple computer-animated depiction of why one side of the argument must be right.
I'm a fan of neat new technology (and work in molecular biology, in fact) but DNA technology is being way oversold as a solution to unsolved crime. #rapekits
11/10/09
1- It sure isn't the DA/Cops/Investigators fault. I'm sure there are a couple bad apples out there, but for the most part the cops and DA's I know are very aggressive in the prosecution of rape and other sex crimes.
2- Rape is often a very, very hard crime to prosecute. I'm a PD, and so I am often defending accused rapists, but I've also worked for the DA prosecuting them. In most rape cases there is no conclusive physical evidence, rape kit or no. The fact is that most rape cases hinge on consent and nothing more. In most cases there is no physical evidence of resistance, there are usually no witnesses, and there is usually no dispute that intercourse occurred. The whole case often boils down to a he said/she said.
3- We won't ever be able to prosecute our way out of the rape problem. In most (but not all) states, the laws and rules are set up to aid the prosecution as much as possible, but consent cases are still among the hardest cases to prove.
I'm all for prosecuting rapes aggressively. I'm also all for defending accused rapists aggressively. It's one of the most heartbreaking areas of criminal law because there are probably more people who are guilty of rape who cannot be prosecuted than any other type of crime. Likewise, there are probably more innocent people accused and convicted of rape than any other type of crime. It's a dark side of our society that is largely out of the grasp of the criminal justice system. Sure we can prosecute the very worst offenders in cases with tons of evidence. But most rapes aren't so clear cut. It's a crime, but like child sex abuse, its one that is better attacked through education and social change than by throwing more money at cops and DAs. #rapekits
11/10/09
11/10/09
Thank you, Mr. Lisak. You have just summed up what is bullshit about everyone who ever makes an excuse as to why a woman got raped that doesn't include the words, "Because she was attacked by a rapist." #rapekits
11/10/09
11/10/09
If that is seriously why some cases are dropped and never touched again... I'm not sure what I am going to do. Are these same authorities going to let a murderer go just because their testimony stated something different from a witness?
Also... 3 of those cities are from my state alone. I'm worried now thinking what if something happened to me, since I am 30 minutes from one of those cities. Is the city I am in going to pull the same BS as them because it is close by?
11/10/09
Now, the problem with familiar-rape is way more complex than just a DNA test...unfortunately.
Sorry, I'm rambling. #rapekits
11/10/09
Familiar rapes could also include just knowing the person, like guys in your dorm or some classmates. Just because it's a familiar rape doesn't mean it should go untested.
I'm more worried because there was a girl (age 15) at my Uni who was raped in the stairwell during regular class hours. #rapekits
11/11/09
I didn't mean to come off flippant about the amount of untested kits. You're absolutely right that they are evidence and it can be damning. Unfortunately, a TINY fraction of these rape cases get to court, as the DA gives the rapist a plea bargain, the victim may drop the claim, etc etc.
It's really a problem with prosecution and perhaps the standard of proof for rape cases. I just think the conversation is focusing too much on the KITS themselves, the problem is more that there is very few cases to actually use the kits for.
Some commenters suggest that we shoudl use the kits to 'establish' a pattern of rapes, and that's the only real reason I can think of to test all of these kits. I'm not sure how feasible a 'national' or even 'state' DNA database is due to cost reasons. Maybe someday!
The legal issues really get murky if the victim recants or refuses to move forward - can the police use the DNA in that case to show a pattern if the alleged rapist strikes again? I'm not sure.
ramble off/ #rapekits
11/10/09
And that, ladies and gents, is just one more sign that the world is fucked up. #rapekits
11/10/09
If it's this bad in New York, I can't even imagine what it's like in the rest of the country!
Also, 70% ARREST rate sounds good, but that's totally different than CONVICTION rate. Totally different. #rapekits
11/10/09
I'm also a NYer.
And now I'm extremely upset on your behalf, and angry at those cops. #rapekits
11/10/09
Second, I definitely didn't mean to imply that living in NY means that all sex offenders are dealt justice. I was trying to underline the sad fact that a 70% arrest rate (and that is definitely a far cry from a conviction!) is what passes for safety for women. The fact that this type of statistic is what we have to cling to as a positive change is indicative of how far we have yet to go. #rapekits
11/10/09
I didn't see the effects of this until I sat on a jury for a sex assault trial in August. You see, the prosecution had gotten DNA, but it hadn't been tested yet. Why? Because it was only second-degree, and because of the funding cuts, they HAVE to prioritize. So, second-degree gets bumped down. The defense attorney went after the woman who was testifying from the crime lab, like it was her fault the DNA hasn't been tested. She didn't say, "Well, the legislature didn't give us the money!" I wanted to shout it.
We found him guilty, but flash forward 3 months. That DNA that finally got tested after the guilty verdict? Linked him to SIX rapes in town.
Come on, crime-fighting conservatives! Put your money where your mouth is! #rapekits
11/10/09
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11/10/09
If they can lift fingerprints off EYEBALLS (!!) SURELY they can do more "investigating" than just interviewing the victim and the perp. #rapekits
11/10/09
11/10/09
My husband's frustration is that he will investigate a crime, present what he feels is a good case to the DA, and the DA will refuse to file on it because they are being pressured to reduce their caseload due to budget cuts. In fact, his police department is about to go to the local media with several cases where the county DA refused to file just to try to get some support.
I know the criminal justice system is frustrating. Just know that people on the inside of it get just as frustrated sometimes. #rapekits
11/10/09
11/10/09
How exactly does *that* relate to rape kits? How does *that" relate to what we're talking about here? Because believe it or not, individual police officers do not decide what evidence is processed and what's not. If a DA decides not to file on a case, it may not get processed. #rapekits
11/10/09
But I hate the generalization that rape kits go unprocessed and rapes go unprosecuted because cops are lazy and they don't care and they don't believe victims. Some of them, yes, I'll give you that. But I'm sorry, if you make a generalization like that, I'm going to speak up because I know better. #rapekits
11/10/09
That's great that you know a good cop that cares about rape victims. But a lot don't, and that is what this article is about. #rapekits
11/10/09
"Sanders said his office made a "judgment call" the case was unwinnable in court " - that's usually a call made by a DA. If the police department knows that a DA won't file on something, you're right, they won't investigate it fully. I will totally agree with that.
"Police departments told us rape kits don't get tested due to cost - up to $1,500 a kit -- a decision not to prosecute ..." - again, that decision is usually up to the DA. #rapekits
11/10/09
The sad truth is that cops don't "solve crimes." They take reports of crimes and investigate them to determine if a crime really happened and who might have committed it. They then present these facts to a DA, who makes the decision about whether or not to file. (BTW, DA's also have investigators - it's not just the police who do the investigation.)
DA's - for many reasons - often will not file on cases unless they are slam-dunks. That means they have to have an almost 100% certainty a jury would convict the defendant.
The fact is that rapes are rarely "slam-dunks" for many reasons. Just look at the comments on the original article at the link - that's your jury pool! Women who flirt, "act slutty," drink - they all deserve it. Who's to know what happened? It's he said/she said, blah, blah, blah. It's very hard to get rape convictions .
Juries won't convict, so DAs won't file. DAs won't file, so cops won't investigate ... and the kits sit on the shelf.
It just sucks - I agree. It's like we've basically just given up, and I hate it. But to place all of that blame solely on the police ... it ignores the entire system and the way it happens. Is there misogyny in the police force? Abso-friggin-lutely.
But don't assume that every rape kit that sits on a shelf is because some cop didn't care. It's simply a reflection of our larger cultural attitudes towards sexual assault. #rapekits
11/10/09
Our DA's office will only prosecute cases they know they can win. What better way to maintain a high conviction rate?
Police are very often frustrated by their DA's office.
ETA: Not giving cops a total out here, just pointing out that a DA is an elected official - a cop is not. If more people voted in local elections, and really followed what their DA's office does - you can ask your local police officers what they think, as well as Crime Victim Advocates (if your state has them), we might, as voters, be able to improve the entire situation a little bit by locally electing District Attorneys who demonstrate a real concern for their female constituents.
11/10/09
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11/10/09
The carrot: federal grants to analyze rape kits
The stick: withold federal grants from law enforcement departments or cities with backlogs of rape kits #rapekits
11/10/09
10/22/09