How the trashing of rape kits failed victims and jeopardizes public safety

[RavenSky]

“What you are doing when you destroy a rape kit is destroying the chance that they are ever going to see justice” A CNN investigation found law enforcement agencies across the country destroyed hundreds of kits tied to cases that could still be prosecuted

Dozens were trashed mere weeks or months after police took custody of the evidence, records showed.

Almost 80% were never tested for DNA evidence, a process that can identify a suspect or link that person to other crimes.

https://www.cnn.com/interactive/2018/11/investigates/police-destroyed-rapekits/index.html

 

[laughing dog]

Why am I unsurprised by this news?

 

[Lion IRC]

At least the article explains the unsurprising reasons why they dropped cases and therefore no longer needed the kits.

Victim no longer wanted to proceed with the allegation.
Statute of limitations deadline approaching and lack of time needed to make a case.
Lack of legally sufficient evidence to launch a prosecution.

And the instances, apart from these, where rape kits were trashed were admitted as mistakes.
ie. not the norm.

 

[Rhea]

At least the article explains the unsurprising reasons why they dropped cases and therefore no longer needed the kits.

Victim no longer wanted to proceed with the allegation.

Because of intimidation? Often by the cops themselves? How convenient.

Statute of limitations deadline approaching and lack of time needed to make a case.

So - no point in getting the information into the system to help prosecute the NEXT rape by this same person, eh? Who wants to solve rape crimes, anyway, amirite?

Lack of legally sufficient evidence to launch a prosecution.

And it's important to make sure the NEXT one doesn't have sufficient evidence, too. Since most rapists rape more than once. And knowing where the person was at an earlier date would sure help find them at a current date.

Unsurprising reasons, indeed.

You really couldn't come up with a single reason why processing these kits would help serve justice? Sh sh sh... don't tell anyone that you're ruined!

And the instances, apart from these, where rape kits were trashed were admitted as mistakes.
ie. not the norm.

oh?

 

[Loren Pechtel]

At least the article explains the unsurprising reasons why they dropped cases and therefore no longer needed the kits.

Victim no longer wanted to proceed with the allegation.
Statute of limitations deadline approaching and lack of time needed to make a case.
Lack of legally sufficient evidence to launch a prosecution.

And the instances, apart from these, where rape kits were trashed were admitted as mistakes.
ie. not the norm.

Not good enough. More evidence could be found, she could change her mind.

Trashing them when the statute of limitations is up is one thing, none of these reasons are adequate.

 

[Lion IRC]

Yeah, I agree not good enough insofar as...why destroy evidence at all?

But to the extent that law enforcement / officers of the court are acting according to reasonable, economically rational, legally accepted norms, then calling their reasons inadequate is about as far as you can take it.

Are these same rules of evidence retention applied to other types of assault? Is there a rational, unbiased (exceptional) case which can be made for preserving evidence in gender-based violence cases but not asexual stabbings, beatings, road rage attacks...all of which are arguably just as traumatic.

 

[Tom Sawyer]

Ya, destroying evidence in potential crimes seems like a weird practice. Granted, there's limited space in evidence rooms, but that's why God invented warehouses.

 

[laughing dog]

Yeah, I agree not good enough insofar as...why destroy evidence at all?

But to the extent that law enforcement / officers of the court are acting according to reasonable, economically rational, legally accepted norms, then calling their reasons inadequate is about as far as you can take it.

Then it should be pretty obvious that if those"norms" permit such egregiously stupid and inappropriate behavior, then those norms should be abandoned. And, it also shows that those "norms" are evidence of how cavalierly rape has been viewed by the legal community.

 

[Loren Pechtel]

Ya, destroying evidence in potential crimes seems like a weird practice. Granted, there's limited space in evidence rooms, but that's why God invented warehouses.

The abuse of extraordinary clearance is more about making the numbers look good.