CRIMINAL JUSTICE

In Pursuit of Justice

Lawmakers are manda Nguyen survived a sexual assault. But, like many survivors, working with sexual she found pursuing justice just as traumatic as the crime itself. assault survivors to A “Most Americans do not understand how fix a criminal justice broken the justice system is for rape survi- vors,” she explains. system they say is For Nguyen, a Harvard graduate who aspires to be an astronaut, her struggle was broken. preserving the evidence in her rape kit. In Mas- sachusetts, where she was assaulted in 2013, kits could be disposed of after six months if the survivor did not file charges or contact officials for an extension. BY RICH WILLIAMS “In a system where I had to protect that evi- dence every six months, even though the stat- ute of limitations is 15 years, I was being forced to live my life by the date of my rape.” RAPE KITS contain biological As Nguyen persevered, she met other sur- and was the force behind the evidence collected from victims of vivors who had experienced similar hardships federal Survivors’ Bill of Rights. sexual assaults that are submitted, throughout the justice process. The law, which Congress passed with the survivors’ approval, to “I found my story wasn’t just my own. So unanimously last October, guar- law enforcement. When a kit is many people are going through this.” antees basic rights for assault sent to a forensic lab, a genetic Nguyen went on to found Rise, an all-vol- survivors in federal cases, which profile is created that can then be unteer nonprofit that advocates for assault sur- includes sex crimes that occur Representative uploaded into the Federal Bureau vivors. Massachusetts Representative Tricia across state lines, in the military, Tricia Farley- of Investigation’s Combined DNA Bouvier Farley-Bouvier (D), a legislative champion for in a federal prison, or on land Massachusetts Index System (CODIS). It is then sexual assault reform, worked with Rise last operated by the federal govern- compared with all the other profiles year to enact legislation that better preserves ment or tribal nations. from convicts and arrestees, other rape kit evidence. Now Nguyen wants to see those rights pro- rape kits, and crime scenes with “Now the kits of survivors who are not yet tected in every state. “Rise focused on the fed- unidentified suspects. ready to notify law enforcement will be kept eral bill because hope is contagious. I hope it’s for the full statute of limitations.” And while a model that states can pick up,” she says. this law will prevent Amanda’s ordeal from happening again, Farley-Bouvier knows other Survivors Play Big Role challenges with the state response to rape still Nineteen states and the District of Colum- persist. “This law is a good start, but there is bia enacted laws to bolster their response to sex Rich Williams is a senior policy specialist in much more work to be done.” crimes last year. Survivors’ voices continue to NCSL’s Criminal Justice Program. Rise continued to work for assault survivors be crucial in developing policies because their

APRIL 2017 18 STATE LEGISLATURES CRIMINAL JUSTICE

BY THE NUMBERS Sexual Assault 68% Estimated portion of rapes that go unreported 1 in 6 Women who have been victims of rape or attempted rape 1 in 33 Men who have been victims of rape or attempted rape 33% Portion of women physically or sexually abused by a husband or boyfriend 90% Portion of survivors raped while at college who knew their experiences reveal flaws in current which eventually lead to the convic- attacker practices. tion of her assailant. “The legislators In New York, Senator Kemp and their staff worked so hard to get 20% Hannon (R) and Assemblywoman this done, and took care to ensure Women who Aravella Simotas (D) sponsored a that we were heard and respected in experienced some kind bill to set standardized procedures this process,” she says. of sexual assault in for the timely testing and transfer of Senator “There’s a paradigm shift,” says Representative college sexual assault evidence among med- Kemp Hannon Hawaii Representative Linda Ichi- Linda Ichiyama New York Hawaii ical professionals, law enforcement, yama (D), “and a big part of it is sur- forensic analysts and DNA database vivors coming forward and sharing 25 million Number of current rape administrators. their story, saying this happened to me, this is how survivors—nearly equal “Rape victims muster the courage to report I was treated, and it was wrong.” to the population of a rape and then go through an intrusive physical Ichiyama sponsored legislation requiring police Texas exam to collect evidence,” Hannon says. “That evi- to audit sexual assault evidence in their custody. dence must be processed in a timely manner. This The effort revealed 1,951 untested rape kits in law Sources: Department law makes sure that happens.” enforcement’s possession statewide. of Justice, National Crime Hannon says a network of survivors was instru- At least 23 states have enacted audit legislation Victimization Survey; Rape, mental in moving the legislation forward. similar to Ichiyama’s, which also charges the attor- Abuse & Incest National “We put a face on why this legislation is nec- ney general with reducing the current backlog and Network (RAINN); Joyful essary,” says Natasha Alexenko, a survivor who establishing procedures to prevent future ones from Heart Foundation; Rise. waited nine years before her rape kit was analyzed, developing.

STATE LEGISLATURES 19 APRIL 2017 CRIMINAL JUSTICE

The Sexual Assault Survivors’ Bill of Rights The federal law, passed in October Driven by the Sowell case, Ohio’s Lessons from these two cities are having 2016, gives rape survivors the right to: Cuyahoga County (home to Cleveland) a national impact on the development of • A free forensic medical exam. conducted a series of rape kit audits and state policy in the country. • Have their rape kit preserved free of analyses. Those efforts, led by the coun- “When I realized there was a problem in charge for the full statute of limitations ty’s Sexual Assault Kit Task Force, have Washington, I contacted leaders in Mich- or 20 years, whichever is shorter. resulted in 6,397 kits tested, 553 indict- igan and Ohio who have been working • Be informed of any result of a sexual ments (including 146 potential serial on this issue to see what we needed to be assault evidence collection kit including offenders) and 246 convictions as of doing in our state,” Washington Represen- DNA matches and toxicology reports. mid-January 2017, according to the county tative Tina Orwall (D) says. She has led a • Be informed in writing of policies that prosecutor’s office. bipartisan effort, with Representative Gina govern the collection and preservation of a sexual assault evidence kit. In Detroit, investigators discovered a McCabe (R) and Senator Ann Rivers (R), • Receive written notification within backlog of 11,361 kits in 2009. As of Sep- on sexual assault policies over the last few 60 days of the intended destruction or tember 2016, the Wayne County prosecu- years. disposal of evidence. tor reported that about 10,000 of the kits So far, the group has helped enact legis- • Have their kits preserved from being had been tested, resulting in 4,512 new lation to create a sexual assault task force, disposed of, upon written request. DNA profiles, 2,616 profile hits (with conduct a statewide audit, develop testing • Be informed of these rights. 775 suspected serial sexual offenders) and procedures for the kits, hire seven new 64 convictions. Another 263 cases are forensic analysts and appropriate enough currently under investigation and more funding to test a significant portion of the Stockpiles of untested kits are perhaps than 1,100 await analysis. Detroit’s DNA state’s backlog. the most notorious sexual assault challenge matches have been linked to known offend- “Much of the credit for getting funding facing America’s justice systems. Nation- ers or unsolved crimes in 40 states and the for these issues,” says Rivers, “goes to Sen- wide, audits have identified at least 172,000 District of Columbia, showing that work- ator Andy Hill, [who died last fall of lung untested kits, according to the Joyful Heart ing through any town’s backlog can help cancer]. He was our main budget writer, and Foundation, an advocacy group. solve cases nationwide. when we came to him with creative fund- To help eliminate the backlog in Hawaii, Ichiyama’s law appropriated $500,000 for testing, which costs between $500 and $1,500 per kit. The appropriation supple- State Action on Rape Kits ments a $2 million federal grant awarded to the attorney general last year for the same purpose. “Data from jurisdictions that are fur- ther along show the benefit of testing these kits,” Ichiyama says. “They’re finding that the offenders are often serial rapists, so the kits are not just being looked at to solve the case they are from, but countless others as well.” RI DC From Backlog to Conviction PR Headlines on horrific crimes commit- VI ted from Cleveland to Detroit have helped GU spur lawmakers to eliminate the nation’s MP AS backlog of rape kits. In Cleveland, police discovered the remains of 11 women at the home of Anthony Sowell in October 2009. Have procedures for timely testing of rape kits Investigators determined that if officials Have required audits of rape kits had pursued any of several previous sexual Have both testing and audit requirements Have no requirements regarding rape kits assault reports on Sowell, the murders of at No data least some of the women could have been prevented. Source: NCSL, March 1, 2017

APRIL 2017 20 STATE LEGISLATURES CRIMINAL JUSTICE

Federal Funds Aid State Efforts Federal funding is vital to state and local efforts to combat sexual assault. The federal Office on Violence Against Women offers grants to fund law enforcement, prosecution and training for sexual assault nurse examiners. “The cornerstone of what we fund is a coordinated, trauma-informed community response to make services more accessible to survivors and to make sure their rights and needs are honored,” says Ginger Baran, a program analyst at the office. In addition, the Bureau of Justice Assistance annually awards grants as part of its Sexual Assault Kit Initiative. The funding can be used to test and catalogue kits, pursue investigations, support 4 Rapists/52 Rapes prosecutions, train personnel, Testing rape kits in Cuyahoga County, Ohio, revealed that four serial rapists assaulted provide victim services and set 52 different victims, according to the county’s prosecutor’s office, January 18, 2017. In up tracking systems. The bureau total, 402 serial rapists were responsible for 1,106 rapes. awarded $38 million last year and $41 million in 2015.

ing ideas, he said, ‘This issue is a priority of everything that happens and show us where are important first steps to government, it’s not a fringe benefit. We’re we need to do better.” achieving that goal.” The going to pay for it with existing funds.’” commission released its latest The work isn’t finished, Rivers says. Statewide Tracking Systems report in July 2016. Next up are plans to fund cold-case teams Washington was also one of the first Representative Melissa to follow up on new DNA hits, to train states—along with California and Idaho— Wintrow (D), who spon- first responders on how to deal with sur- to pass legislation requiring a statewide sored Idaho’s rape kit track- Representative vivors of trauma, and to explore options rape kit tracking system. The systems mon- ing legislation, has worked to Melissa Wintrow Idaho for increasing the number of advocates and itor kits from the time of the exam through reform sexual assault policies trained sexual assault examiners available the conclusion of each case, to assure survi- since her days leading Boise to survivors. vors that the evidence will not be forgotten. State’s Women’s Center. Her compre- Survivors’ contributions have played In 2015, Michigan lawmakers created the hensive bill requires a statewide audit of a key role in determining which issues the Sexual Assault Evidence Kit Tracking and untested kits and establishes testing stan- group takes on, McCabe says. “Survivors Reporting Commission to develop guide- dards for future kits. “Codifying these pro- are the only ones who can walk us through lines and recommendations for a tracking cedures ensures there is consistency in our system. Representative Laura state so that we’re safeguarding the rights Cox (R), who serves on the of all people who are victimized,” she says. commission, believes track- ing is invaluable. “Every kit The Work Continues represents a person in pursuit As 2017 sessions press on, legislatures of justice, and it’s up to us in 30 states are considering bills covering a to make sure it’s provided,” range of sexual assault issues—and legisla- Representative Representative Senator she says. “Tracking every kit Representative tors are working hard to ensure survivors’ Tina Orwall Gina McCabe Ann Rivers Laura Cox Washington Washington Washington and reporting on its status Michigan voices are heard.

STATE LEGISLATURES 21 APRIL 2017