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Don’t drag out rape kit testing

The Legislature is backing away from a proposal to press law enforcement to work through its backlog of hundreds of untested rape kits — which could help close some criminal cold cases — and instead seems poised to kick the can down the road.

It’s not clear that the game plan in the current versions of the bills — to conduct an inventory of the kits and write a report — will produce anything other than another year or more of delay.

House and Senate panels working on House Bill 1907 and Senate Bill 2309 deleted mandates for county police departments to test the evidence kits.

The committees also removed requirements that police departments submit new rape kits for testing to a lab within 10 days of receipt to complete the tests within six months — necessary to keep the backlogs of kits in check.

Instead, the revised bills propose that agencies charged with this responsibility inventory the kits and report on the number of untested kits to the Department of the Attorney General.

In turn, the AG would report to the Legislature about how agencies decided which tests to analyze, what’s been done to cut the backlog and what plans are in place for further improvements.

However, even these stripped-down goals may prove too burdensome for cash-strapped counties; the Legislature should provide at least a modest appropriation to help the counties properly manage their rape-kit inventories.

In Hawaii and all the other states, laws require the collection of DNA samples — in this case, using rape kits — from individuals convicted of sexual assault and some other crimes. Medical staff collect the DNA from the bodies and clothes of victims after an alleged rape. The kits containing the DNA evidence go to law enforcement agencies.

The information from analyzed kits is fed into the Federal Bureau of Investigation’s national DNA database, called CODIS.

DNA from rape suspects are collected and compared with the entries in the database. Law enforcement can look for a match that will connect the suspect with any unresolved cases — revealing, in some instances, a possible serial rapist.

The backlog problem came to light in recent months with reports of 1,500 untested kits, some collected more than a decade ago, languishing in a refrigerated facility at the Honolulu Police Department. A potentially serious consequence of a large backlog is that a perpetrator linked to the DNA in the untested kits may commit more crimes without being caught — something the state and county law enforcement should be working to avoid.

The counties also should be far more aggressive in seeking outside sources of funds. The National Institute of Justice (NIJ) began a decade ago to increase funding to reduce offender data backlogs.

Between 2005 and 2010, according to the institute’s website, $58 million was made available “to reduce the backlog of samples of convicted offenders and arrestees.”

Federal funds have enabled the analysis of more than 1.8 million convicted offender and arrestee samples in the past 10 years.

This has helped law enforcement use DNA samples to match and identify suspects, with more than 18,000 hits on the CODIS database, according to the NIJ.

The current version of the bills was drafted by the Honolulu prosecutor’s office. In its written testimony, officials indicated support for reducing the backlog.

However, the office also cited a concern that testing all kits would reopen old wounds for some victims and “does not take into consideration the victims who stand to be intimately impacted by these mandates.”

This is certainly a factor to consider; but the overriding concern should be to prevent more people from being victimized. Only by addressing the backlog issue head-on can that be accomplished.

4 responses to “Don’t drag out rape kit testing”

  1. FARKWARD says:

    Why would you not want these “Kits” tested regularly; and, moreover–why would Law Enforcement throw them away before the Cases are solved? Years/Months/Weeks later, when these dangerous Perverts are arrested, for any reason–DNA evidence and related evidence may solve other unresolved cases that may protect your Children/Grandchildren and other Victims in the future. Also, maybe these Very Sick Perpetrators can receive help/healing and become Whole…

  2. soundofreason says:

    All you have to ask is…WHAT was the intention wit HAVING the rape kits? Then follow THROUGH with the answer. Everything else is just excuses for incompetence and mismanagement.

  3. st1d says:

    the simple reason many kits were not tested is that the accusation was determined to be false.

    yes, unfortunately, women lie. innocent men’s lives are torn apart and they are forever ostracized when they are victimized by lying women.

    the prosecutors and attorney general are correct in insisting a study of the kits be done prior to committing all kits for processing and having all results included in a criminal data base.

    advocates that rabidly call for including innocent men’s dna into a criminal data base are playing off the public’s misunderstanding of the kits dispositions and purpose.

  4. yobo says:

    The editorial started with a decision made by the legislators. Attorney General would advise the legislators on an ‘as needed’ basis whether the rape kits should be tested.

    The idea of processing these kits is to catch possible ‘multiple victim’ offenders. Apparently, the legislators / AG feels there is no need for national database collection.

    They’re only worried about offenders in Hawaii.

    Term Limits hearing was ‘balked ‘ and not even vetted for legislators. Neither was the term limit for the AG.

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