Anonymous Rape Kits

Huffington Post has the story of how anonymous rape kit testing will go nationwide over the next year:

Starting next year across the country, rape victims too afraid or too ashamed to go to police can undergo an emergency-room forensic rape exam, and the evidence gathered will be kept on file in a sealed envelope in case they decide to press charges.

The new federal requirement that states pay for "Jane Doe rape kits" is aimed at removing one of the biggest obstacles to prosecuting rape cases: Some women are so traumatized they don't come forward until it is too late to collect hair, semen or other samples.

"Sometimes the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," said Carey Goryl, executive director of the International Association of Forensic Nurses.

The practice is already followed at some health clinics, colleges and hospitals around the country and by the state of Massachusetts. But many other jurisdictions refuse to cover the estimated $800 cost of a forensic rape exam unless the victim files a police report.

Beginning in 2009, states will have to pay for Jane Doe rape kits to continue receiving funding under the federal Violence Against Women Act, which provides tax dollars for women's shelters and law enforcement training. States will decide how many locations will offer anonymous rape exams and how long the evidence should be kept.

While I see nothing wrong with this proposal, I'm not sure it will make any real dent in the chronic levels of rape reporting. I wonder if there are really many victims who are "too afraid or too ashamed to go to the police," but are not too afraid or too ashamed to go to the emergency room to have a rape exam. As I said, I don't see anything wrong with the law - I just don't expect it to make a significant difference.

Comments

[eAdvocate]

Considering I am no authority on rape kits, I wonder if this may ultimately lead to statistics that could show, true or false, the person was or wasn't raped? At least based on the results of the testing.

Assuming the presence of semen it may lead to John Doe warrants. However, if the test leads to, no rape took place, a possibility, could this lead to filing a false report?

So, in essence I am saying that, the results of the testing could lead to more prosecutions and statistics to analyze.

eAdvocate

[Mark]

One question i have that bothers me about this law.

Say you have a disturbed individual. Everytime she has sex with some guy that may/may not burn her she goes to a different hospital and has a rape kit done. She may have 4 or 5 kits out there, and decides one day to 'get even'. I know its unlikely, but it has happened that a female cries rape for various reasons other then being raped.

How is someone suppose to defend themselves against a year old rape kit with dna evidence verses your word and witnesses that may or may not remember seeing you together? Person can have 10 rape kits out there just waiting for the right moment. Are we suppose to sit back and let someone take the fall so the next guy she accuses has evidence of a pattern of accusations?

I understand what they are trying to do with this law, but i can also see how easily this can be abused. Before, if a rape kit wasn't done in time, it was he said she said, and often enough that was enough for a conviction. Now you're going to have he said she said and a dna test to prove it situations and i see that as down right scary.