Exclusive: Rape in America: Justice Denied

A Five-Month CBS News Investigation Finds That a Staggering Number of Rape Kits Aren't Tested

(CBS)  This story was written by CBS News Chief Investigative Correspondent Armen Keteyian and Investigative Producer Laura Strickler.

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CBS NewsNearly 90,000 women reported they were raped in the United States last year. It's estimated another 75,000 rapes went unreported. But while rape convictions are up - a five month CBS News investigation raises questions about just how many rapists are actually being brought to justice.

Valerie Neumann says she didn't expect her 21st birthday to end in rape.

"He stuck his hands down the sweatpants and was touching me up, like my shirt as well, so I kept telling him, 'no,'" she told CBS News Chief Investigative Correspondent Armen Keteyian.

It started at a bowling alley in Erlanger, Kentucky. A man she just met, a friend of a friend, bought her drink after drink. Later that night, she threw up, and passed out. Then, Valerie says, it happened.

"When I woke up the next morning, my panties and the sweatpants were down around my ankles and my bra was undone," she said.

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Valerie said she realized she was raped. Reporting it the next day - a classic charge of acquaintance rape. Nearly three years later still no arrest in the case.

"I feel like, I almost fee like they're calling me a liar. That they don't believe me," Valerie said.

Rape in this country is surprisingly easy to get away with. The arrest rate last year was just 25 percent - a fraction of the rate for murder - 79 percent, and aggravated assault - 51 percent.

"When we have talked to victims, they very much so doubt that it was worth it for them to go to the police," said Sarah Tofte, US Program Researcher for Human Rights Watch. "They're incredibly disillusioned with the criminal justice system, and that sends a terrible message."

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The suspect's attorney told police his client never had sex with Valerie. Yet an exam revealed "evidence of forced sexual penetration." Semen found on her underwear. Nurses took a rape kit- a collection of swabs and clothing that provide DNA evidence. The suspect provided a sample. But the DNA was never tested.

"Testing the kit is one way to affirm a victim's story," Tofte said, "and discredit the suspect's story."

A five month CBS News Investigation has found a staggering number of rape kits -- that could contain incriminating DNA evidence -- have never been sent to crime labs for testing.

At least 20,000 untested kits: 5,600 in Detroit. 3,800 in Houston. 5,100 in San Antonio, 1,100 in Albuquerque.

Rape Kit Data, by the Numbers

Many untested for years. And that's not all. At least twelve major American cities: Anchorage, Baltimore, Birmingham, Chicago, Cincinnati, Cleveland, Columbus, Indianapolis, Jacksonville, Oakland, Phoenix, San Diego said they have no idea how many of rape kits in storage are untested.

Police departments told us rape kits don't get tested due to cost - up to $1,500 a kit -- a decision not to prosecute, and victims who recant or are unwilling to move forward with a case.

Psychologist David Lisak from the University of Massachusetts has spent twenty years studying the minds of rapists.

"Somehow all we can do is take the statement from the victim. Take the statement from the alleged perpetrator and then throw up our hands because they are saying conflicting things," he said. "That's not how we investigate other crimes."

Valerie was told her rape kit wasn't tested because they didn't have the money. But when we caught up with Kenton County prosecutor, Rob Sanders, he told us something else.

Keteyian asked, "Why wasn't the rape kit tested in the Valerie Neumann case?"

"The results of the DNA test would not have made the case one way or another," Sanders said.

Sanders said his office made a "judgment call" the case was unwinnable in court -- claiming there were issues with Valerie's memory and the alcohol involved. A practice, says Lisak that often plays right into the hands of rapists.

More about Non-Stranger Rapes from Psychologist David Lisak

"Predators look for vulnerable people and they prey on vulnerable people," Lisak said. And if, as a criminal justice system, we're going to essentially turn from any victim who was drinking or any victim who was in some way vulnerable - we're essentially giving a free pass to sexual predators."

Worried they were doing just that, CBS News has learned the Oakland California Police Department is now plowing through 489 untested rape kits from stranger rapes dating back six years, looking for evidence in what they believe to be "solvable cases."

The Los Angeles Police Department is testing a backlog of nearly 3,000 rape kits. LAPD's new Chief Charles Beck says efforts to reduce the backlog have "resulted in 405 hits" in the FBI DNA database.

In New York City, prosecutors are even more aggressive - testing every rape kit, even in cases of acquaintance rape - over 1,300 last year alone.

"You never know what you're going to find," said Mecki Prinz of the NY Medical Examiners Office.

The results are stunning. Today New York City's arrest rate for rape is 70 percent - triple the national average.

Prinz says testing kits in acquaintance cases can tie suspects to other attacks, "We have lots of situations where a domestic situation or an acquaintance situation is actually an indication of the male involved responsible for other rapes," she said.

"I feel like they didn't do their job to protect me and to protect everyone else," Valerie said. "I don't think it's something I'll ever forget. I don't think it's something you can forget."

[honestly_disagreeable]

"He stuck his hands down the sweatpants and was touching me up, like my shirt as well, so I kept telling him, 'no,'"

And yet you continued to be around him and kept drinking...

What he did was wrong and he should be in jail, but *you* made yourself a victim there. *You* got yourself raped.

I have *no* sympathy for rapists, but I also have *no* sympathy for stupidity.

Hopefully you've at least learned that when a guy continues to ignore your rejections, he'll probably rape you given half a chance (say, for example, being alone with him and drinking until you pass out).

Sometimes you really can't prevent bad things from happening to you. This was *not* one of those times.

[vmneumann]

1. It is believed he slipped someting in a drink HE bought for me.
2. HE came in the bathroom once before I had passed out...and i told him NO repeatedly. I thought he left. I didn't continue to be around him...HE came back later after I had passed out.
Maybe you should get your facts straight before you jump to conclusions. The CBS Story didn't soley focus on my story (didn't cover all the details) its intent was to raise awareness to a bigger issue (Rape Kits not being Tested)effecting this nation.

[alison9899]

SHE did not ASK for this to happen to her. She did not want this to happen to her - she SAID NO - no matter if alcohol was involved or not he had no right to take advantage of her or the situation - he should be man enough to WALK AWAY and realize what he is prying on. You are the reason our JUSTICE SYSTEM is F****D up for acquaintance rapes in this country because Jurors like you can't comprehend that NO MEANS NO - No matter the circumstances!!!!!!!!!!!!!!!!!!!!!!!

[Mattie567]

It is not smart for men or women to get extremely intoxicated as we all engage in behaviour we may not normally. However, most people do this and many have had that random hookup with a man or woman you met that you vehemently regret or sometimes don't remember any part of, just that you were at the bar together. In college I can remember a couple times I blacked out and had people tell me about what I did but I can't remember several hours. Having sex with a passed out person is rape or if someone says no but is so drunk they can't do anything that is also rape. But if someone has sex with some one while they are drunk and don't remeber because they blacked out but at the time was wanting it, or maybe they were the one persuing it but regret or don't remember the next day so they assume they were raped, that is equally bad. We can't tip the scale too far one way or the other because convicting an inncent person is as bad or worse then letting a guilty one go.

[ChristinaM33]

Having sex with someone who is too drunk to consent is rape. Even if they won't remember it tomorrow. Even if they were the aggressor. Even if they were wearing a short skirt. Even if they were drinking "Sex on the Beach". Even if. See, the issue is "consent". A drunk person cannot consent. Honestly. Rape apologia has got to end.

[Mattie567]

It is not smart for men or women to get extremely intoxicated as we all engage in behaviour we may not normally. However, most people do this and many have had that random hookup with a man or woman you met that you vehemently regret or sometimes don't remember any part of, just that you were at the bar together. In college I can remember a couple times I blacked out and had people tell me about what I did but I can't remember several hours. Having sex with a passed out person is rape or if someone says no but is so drunk they can't do anything that is also rape. But if someone has sex with some one while they are drunk and don't remeber because they blacked out but at the time was wanting it, or maybe they were the one persuing it but regret or don't remember the next day so they assume they were raped, that is equally bad. We can't tip the scale too far one way or the other because convicting an inncent person is as bad or worse then letting a guilty one go.

[justamoment1]

Rape is a crime and should be prosecuted regardless of the cost of processing an evidence kit. Rapes that go unpunished only lead to more rapes committed by the perpetrator. The young woman in this case was obviously very foolish and put herself in harms way by allowing herself to become intoxicated beyond consciousness. That doesn't mean that the rape was her fault, it just means she made herself a potential victim. As women we have to be responsible for ourselves and our safety; Just as this young woman acted carelessly, such is the case with so many others, and it would be interesting to know just what percentage of rapes that have occurred could have possibly been avoided. Two lessons are to be learned from this article ... first and foremost, don't set yourself up to be a victim, and any county or city that refuses to test evidence due to cost should be seriously evaluated and budgets should be re-evaluated and priorities set. Public safety is a priority and so is justice ... in any community.

[wiredo]

it's an unfortunate spiral: prosecutors have to judge what cases they can win on a limited budget: they look at rape prosecution history and find a low conviction rate, so they throw resources against categories of crime with higher conviction rates, make rape victims work hard to justify bringing a case when their natural tendency is to just want to get past it, leading to decreased expertise in bringing rape cases, leading to lower conviction rates.

[abyss2hope]

justamoment1, I disagree that this woman was obviously very foolish and put herself in harms way by allowing herself to become intoxicated. Many women become intoxicated to beyond consciousness and are not raped. Many women do everything they are told to do in order to avoid rape yet are still raped. The cause of rape is not intoxication or any other vulnerability, but the presence of someone willing to rape.

If as women we have to be responsible for our own safety then women in nursing homes are also responsible for ensuring they aren't raped.

The first lesson should be, first and foremost, don't be a rapist under any circumstance. We should make it clear that if someone rapes they will not be excused no matter what people think about their chosen victim. If we as a society fail to send this message to rapists and those tempted to rape then we as a society are more responsible for rape than any victim ever could be.

[Larry33333333333]

Woman CAN and DO change their mind. Sometimes a woman says "yes" but later decides she meant "no." Sometimes a woman says "no" but later says "yes." Men are not mind-readers. You cannot always tell when someone is impaired. A man should NOT be held criminally responsible if the woman did not communicate clearly.

[Swingstater]

Look, no means no. If you aren't sure what she means, then it means "no". If she can't reply because she's had too much to drink, etc or if you "can't tell when someone is impaired" then it means "no". There you go--you no longer have to be a "mind reader". Not having a law that these kits have to be tested is just another way in which women are second class citizens and will remain so until we make up 50% of our government.

[wiredo]

I find it difficult to understand why a woman who says yes and decides later that she really shouldn't have said yes would then go through the effort of reporting that she was raped, which, I understand, requires a LOT of effort on her part.

I would guess that women who bring rape charges (and those who were raped, but don't bring charges) overwhelmingly said no and meant no, or were in no condition to say anything or to effectively resist, and were taken advantage of while in that condition.

I agree: no means no. Given all that, though, it is unfortunate that often the situation is such that both persons involved are drunk, and judgement on both sides is lacking. It's one reason why, if a man does not want to be accused of rape, he should avoid sex while drinking, at least with new potential partners.

[Jetfire911]

Why is it only irresponsible risky behavior for women? Consent can NEVER be given when intoxicated, it's that simple. Guys should not engage in risky behavior of taking advantage of impaired women. It is our responsibility to protect ourselves and not abuse women. Getting some is not more important than being respectful human beings. Woman never "revoke" consent after the fact, it was just NEVER given in the first place, no matter what they may have said. Wait until they are sober, be a decent human being.

[Whys333]

Some women like to party with alcohol then do things they later regret. Choosing to drink should not give a woman the power to rescind consent _after the fact_. Again, women need to take some responsibility for their choices. Stay sober, double date, don't have sex outside of a committed relationship or put yourself in questionable circumstances. Then the courts won't have to play guessing games and the cops won't feel like their wasting their time processing rape kits that will never go to trial.

[Swingstater]

"Regret" over some loser guy one picked up because one showed some poor judgement at a party is much much different from being forced. I know of no woman who would confuse the two.

[whiffleball]

MEN needto take responsibility for their choices. Forget no means no, make your mantra "yes means yes". If you don't have a clear and enthusiastic yes, then it means NO. Not hard. Get it?

Women don't "put themselves in questionable circumstances". Rapists search out people to rape. Big difference.

how on earth does being celibate protect one from rape?

[Larry33333333333]

This article demonstrates the incredible need to DECRIMINALIZE adult PROSTITUTION. There is a direct correlation between the average cost of a prostitutes services and rape. In other words, when prostitutes are more expensive the number of women raped increases. The criminalization of prostitution, as we now have in every state except Nevada, obviously does nothing to eliminate prostitution but it does drive up the costs of a prostitutes services. Thus, women who work in the sex-trade are harmed by being made criminals and receiving abuse at the hands of the state. And women in general are harmed because there is significantly more instances of the crime of rape than there would be is prostitution were decriminalized. Let's finally get our heads out of our ***** and do what is best for the public's health and what is best for all women (and men) - DECRIMINALIZE PROSTITUTION.

[Swingstater]

Prostitution has nothing to do with rape.

[Sephirajo]

Ummm, what? What does this have to do with rape?

[KRMershon]

OK, so If he didn't rape her, why say he didn't sleep with her?

[erasmus111]

by bambiduff November 10, 2009 4:38 PM EST
Review the comment he said he rapes every time he goes to a bar.


by Skirt-Lifter November 10, 2009 1:55 PM EST
By your definition I have raped many, many women over the years, and they liked it ... well ... most of 'em anyway ... can't please 'em all.


I think, Bambi, that YOU should review the comment. If that is what you got from this statement, you need to go back to school.