Opinion

Slipshod follow-through on rape evidence

A Gazette editorial from the Charleston Gazette-Mail 

CHARLESTON, W.Va. — DNA evidence is a powerful tool for justice. If an attacker rapes a woman, leaving traces of semen, the genetic code in the residue can identify him as surely as a fingerprint or a clear photo. It’s undeniable proof of guilt (and it also can free some men who are accused mistakenly).

That’s why “rape kits” are a crucial part of police work. Each time a woman or girl reports an assault, medics take swabs and samples, storing them in white containers about the size of shoeboxes. Stained sheets or clothing also may be collected.

For a woman who is attacked, the knowledge that solid evidence can convict her assailant helps reduce the torment of victimhood. DNA findings are submitted to the national CODIS (Combined DNA Index System), which seeks matches with records from thousands of Americans, including known criminals and prisoners.

However, some police departments and crime labs don’t test all kits. Many remain ignored on evidence shelves for years, even decades. This slipshod inadequacy is frustrating and irritating, especially to victims.

A couple of years ago, reporter Erin Beck found that 250 rape kits remained untested in the West Virginia State Police crime lab in South Charleston. Victims described the agony of waiting for prosecutions that never came.

 During the 2016 legislative session, Sen. Bob Plymale, D-Wayne, and Sen. Mike Woelfel, D-Cabell, sponsored a bill to force police and crime labs to meet deadlines for handling kits — but their bill failed.

In March, Gov. Tomblin signed a bill designating Marshall University’s Forensic DNA Analysis Laboratory an official justice agency, and the lab is processing hundreds of Cabell County kits — and also some from Monongalia County.

Currently, the State Police is trying to inventory an estimated 2,000 untested kits in 16 other counties — and for the state’s other 37 counties, the number is unknown.

The Huntington Herald-Dispatch says West Virginia lags behind most states in eliminating backlogs of untested kits. It called the lag “unfair to the public,” and said pinpointing the evidence “will help bring offenders to justice before they strike again.”

The process of collecting and evaluating evidence must necessarily be deliberate and maybe even slow. But it must not just be forgotten.

See more from the Charleton Gazette-Mail. 

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