December 2, 2009 1:07 PM

CBS Finds More Rape Kits Sit Untested

By
Laura Strickler
(CBS)  CBS News has learned that the San Diego Police Department has more than 2,000 untested rape kits in storage that have not been sent to the city's crime lab.

A CBS News investigation uncovered thousands of rape kits nationwide that had never been sent to crime labs and thousands more waiting to be tested in city and state laboratories.

"The San Diego Police Department has a remarkably good sex crimes unit, so if there's any chance that testing a kit could lead to a successful prosecution then we test it," said Michael Grubb, San Diego PD Crime Lab Manager. According to Grubb, the department has 2,065 rape kits in storage that were never sent to the crime lab.

"The news of untested rape kits in San Diego is more evidence that the rape kit backlog is a widespread problem across the country that requires a strong national response," said Sarah Tofte researcher at Human Rights Watch's US Program. "Untested rape kits mean lost justice for rape victims, and San Diego must move quickly to eliminate their backlog," she said.

Grubb said that there are currently 30 kits that have been sent to their crime lab and are waiting to be processed. He says the average turnaround time is 60 days. Grubb noted that his lab analyzes evidence for about 200 sexual assault cases each year.

Grubb told CBS News in an email that if a prosecutor is not taking the case to court, then the kit is not tested. Grubb maintains it is unnecessary to test kits in acquaintance cases where the suspect is known.

"Many times there is no question of identity, it is only a question of consent. He says it was consensual, she says it was a rape - but there is no dispute as to whose DNA will be found. In those cases, we are not asked to examine the kit," Grubb told CBS in an email.

However, Los Angeles and New York, test all rape kits - even in cases where the suspect's identity is not in question .

"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," said Dr. Mecki Prinz, laboratory director at New York City's Office of Chief Medical Examiner. New York City has an arrest rate of 70% for rape which is almost three times the national average.

Prinz says one case could be connected to other assaults, "One of our motives is that we would like to generate a DNA profile to compare it to other cases in our database because it is our experience that a person who is accused of a date rape or an acquaintance rape could also be the true perpetrator in another stranger case." Research has shown that 71% of rapists are serial offenders.

Los Angeles had a backlog of 12,000 untested rape kits in storage. The Los Angeles Police Department (LAPD) is now testing the kits in the backlog and has found over 405 DNA "hits" that led to suspect identifications. According to Captain Kevin McClure who runs Homicide, Robbery and all sex crimes for the LAPD, "Our rule is that all sexual assault evidence kits are tested."

Following a CBS News investigation that revealed 5,191 untested kits at the San Antonio Police Department in Texas, the department announced it will now test all kits from stranger rapes. The Department did not respond to questions as to why it was not following the lead of New York and Los Angeles and testing all rape kits.

Copyright 2009 CBS. All rights reserved.
Add a Comment See all 20 Comments
by arkpep December 3, 2009 3:14 AM EST
Please encourage your writers to cease calling the kits ?rape kits.? A ?rape kit? is a collection of supplies assembled by a rapist to use during a rape (tape, rope, weapons, etc.). The correct term is ?sexual assault evidence kit.? It is a kit for collecting forensic evidence, not raping.
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by guest173 December 2, 2009 11:16 PM EST
texas explained that the perp was known, the identity wasn't a secret, so they didn't put the dna in the database, but they said in the news they would start putting some of the more violent cases in or stranger rapes,something like that.

and I have known marijuana dealers, they are also often abusive to their children and smoking that around the kids or even blowing it right into the kids to get them to "calm down." marijuana users aren't innocent criminals, they do affect others including babies, kids, and teens. you can't watch your kid when you are stoned under the influence, and many of them try. I have seen it personally and reported it.
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by guest173 December 2, 2009 11:18 PM EST
and I doubt marijuana smokers get away from the effects of lung cancer and emphysema either. being stoned does not help normal people (now medical use could be different, but I only support legal use maybe for dying people, not illegal use, and most of it now is illegal one way or the other)
by gramto8 December 8, 2009 7:38 AM EST
by guest173 December 2, 2009 11:18 PM EST
and I doubt marijuana smokers get away from the effects of lung cancer and emphysema either. being stoned does not help normal people (now medical use could be different, but I only support legal use maybe for dying people, not illegal use, and most of it now is illegal one way or the other)
______________________________________

Why should a person have to be dying before they are qualified for the relief that marijuana could provide? There are plenty of strong drugs available for those who are end-stage cancer, or anything else painful. The ones who need something are those who are trying to live a fairly normal life. Emphasis on the word 'trying' here. Too many people, including some health care professionals, feel that anyone who isn't at death's door doesn't deserve to have their pain relieved. That should be criminal.
by Mokkie57 December 2, 2009 6:55 PM EST
It is time to stand up for these victims. And to try and keep others from becoming victims. The justice System including ERIC HOLDER is broke that instead of an act of congress. to fix it were going to need an act of God.

Enlighten the people, generally, and tyranny and oppressions of body and mind will vanish like spirits at the dawn of day.
Thomas Jefferson
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by SusanStoHelit December 2, 2009 6:31 PM EST
Looks like many here read the title, without reading the explanation. Testing a rape kit where the rapist is already known and does not dispute that sex happened is pretty pointless. Testing one where no charges are filed is also pointless.
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by Cunnintl December 2, 2009 7:54 PM EST
Looks like Miss Susan here didn't read past the first couple of paragraphs. To sum up the explaination: Testing on a kit where the perpetrator is known can help solve cases where the victim didn't know the perpetrator. Rape is generally not a one time deal for most offenders. If, Lord forbid, it happened to you, and you didn't know who the person was, wouldn't it be nice to have that person's DNA on file so that they would be caught/punished for commiting that rape upon you?
by Den2Katie December 2, 2009 6:13 PM EST
There are no excuses, financially or ethically. It is the civil duty of ALL law enforcing departments to test every single rape kit. Lavish trips, pay raises, political favors, ACLU complaints? Give me a break. All law enforcers should be given immediate access to all rape kits. This has got to STOP! End Domestic Violence ASAP! NO ANDS, IF, OR BUTS!
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by skeezix06 December 2, 2009 5:45 PM EST
A very tangible and visible symbol of the value that is placed on women in the U.S. today. Put simply, it seems we have no value and do not matter.
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by SusanStoHelit December 2, 2009 6:30 PM EST
Did you read?

They're not just not testing - they are not testing kits where no charges are being filed, or where the suspect is known - no testing is needed. It's not because they don't care about the rapes - it's because there is no reason to test them.

Now - I do like the point that testing an acquaintance rape kit may be a good thing because he might have raped others. Still, when resources are scarce, far more important to test the rape kits where it's an unknown person than those where it is not.
by sandy19731 December 2, 2009 6:55 PM EST
Did YOU read?
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,? said Dr. Mecki Prinz, laboratory director at New York City?s Office of Chief Medical Examiner. New York City has an arrest rate of 70% for rape which is almost three times the national average
by sandy19731 December 2, 2009 4:14 PM EST
I appreciate CBS doing the research on this. It needs to be brought to the attention of the public. Violent offenders tend to re-offend. Let's start preventing some of these re-offenders by at least getting these kits processed!

This is difficult to understand. Our law enforcement people should have been upset about this and talking about it.
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by Mokkie57 December 2, 2009 1:35 PM EST
You know if our government would ease up on nonviolent crime and go after rape, Murders,domestic violence. You know crimes that hurt people. You would not have the backlog in rape kits. but no we have to spend millions of dollars and thousands of man hours hunting out marijuana grow operations. But I understand how these people feel I would rather be outside where my boss cant see what I am doing. Instead of investigating a Rape up to and including handling rape kits.
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by Mokkie57 December 2, 2009 1:37 PM EST
Sorry I forgot something.


Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.

Benjamin Franklin, letter to Jean-Baptiste Leroy, November 13, 1789
by ToolMangler1 December 2, 2009 1:55 PM EST
so you would rather 'toke' than 'take'??
by erasmus111 December 2, 2009 1:27 PM EST
Duh! You could go to every city, in every state and find the same thing!
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