Many times over the course of the last couple of weeks, people have approached me regarding the passage of legislation expanding the New York State DNA Databank. Some have been congratulatory, some have been concerned, but, mostly, a great many have simply had more questions than anything else. To the ordinary person, DNA is something that you hear about on TV crime dramas or read about in biology class. Unfortunately, I didn’t come about my knowledge of DNA through either of those modes but, rather, through circumstances that I would give anything to change.

Eleven years ago, I was a stay-at-home mom, raising my children—two sons and two daughters—and living a rather ordinary life. That all changed in the blink of an eye. Early one morning, after my husband had left for work, a man carrying a knife broke into my home. The very first—and last—room that he came across was that of my 12-year-old daughter, asleep in her bed. He raped her, cut her and then robbed her. Before leaving our home, he told her that if she told anyone, he would return to our home and kill not only her, but our entire family.

After going through the difficult but necessary procedures that follow a rape—the hospital exam, the police sketches, the detective interviews—we returned to our home and our lives, and we began to wait. And wait we did. When the months began to turn into years, we did a DNA grand jury indictment, meaning the DNA evidence from the crime was indicted as a “John Doe” defendant, thereby lifting the burden—and fear—that the statute of limitations might come around before an arrest did. Then, we went home to wait. Again.

Despite a detective who never gave up hope, it was hard for us to remain optimistic. Keep in mind that my daughter and all of my children, were very much aware that the perpetrator was still out there—free—and in their minds, very capable of returning, as he had promised he would. Due to “hits” in the DNA Databank with evidence from other crime scenes, we knew the perpetrator was still in the area and had been linked to other rapes, but we did not know his identity. When you spend your life looking over your shoulder, everyone becomes a suspect and the concept of being safe at home doesn’t exist. This was how we lived our lives for ten years.

Miraculously, the day came that we never thought we would see—an arrest was made in my daughter’s case. The perpetrator wasn’t caught in the act of raping one of his subsequent victims. He was caught because he stole money from his employer—a petit larceny. For a decade, he wreaked havoc on countless lives and what finally put him behind bars was the theft of a few dollars.

As odd as it may sound, my family got lucky, if it’s even imaginable to use such a term. Our luck came from the fact that the misdemeanor for which he was convicted was, at the time, one of the few  convictions in New York State that required him to give a DNA sample. Had New York not expanded its DNA Databank in 2006 to include some misdemeanors, the man who raped my daughter might not have been found. Yet despite our relief, we knew that more needed to be done. New Yorkers shouldn’t have to get lucky to get justice and the law should require DNA samples be given upon conviction for all crimes.

To that end, countless people fought for years for the DNA Databank to include samples for all convictions. I am proud to say that Governor Cuomo signed the expansion into law last month. It was a huge victory for all families in New York State. Not only does it ensure violent criminals are held accountable, but it will also go a long way towards preventing crime in the first place.

The arrest of my daughter’s attacker came with the guarantee that he can no longer devastate other families. It’s hard to say how many would-be victims would have been saved by this one arrest from the life of fear and “not knowing” our family experienced. The passage of this legislation has the potential to save thousands the heartache my family has endured. It also offers protection and hope to the wrongfully accused. Its passage was long overdue.

While nothing can ever undo the hurt my family has suffered, this new law does guarantee that the residents of New York will be safer. It offers hope that fewer parents will ever know such sorrow, that fewer little girls will live their lives looking over their shoulders and that families are safer both on the streets and in their homes. As New Yorkers, we should settle for nothing less.

At the bill signing ceremony, Governor Cuomo praised New York’s legislative leaders for reaching a compromise that would ensure that the State’s dual goals of safety and fairness are met. He said to the audience, which included members of law enforcement, district attorneys, survivors and advocates from across the state:

“I am proud to sign this bill today because this modern law enforcement tool will not only help us solve and prevent crimes but also exonerate the innocent. The bottom line is that this is a tool that works and will make the state safer for all New Yorkers.”

Ann M., the mother of a rape survivor and a courageous and passionate advocate for the families of survivors, thanked Governor Cuomo and the legislature for passing this historic legislation:

“By signing this bill today, the Governor and the Legislature are taking the necessary steps to not only solve and prevent violent crimes, but also help other families from the pain my family has suffered over the past decade—pain no parent should ever be forced to suffer.”

Other speakers at the ceremony included Deputy Secretary for Public Safety Elizabeth Glazer, Manhattan District Attorney Cy Vance, Senate Majority Leader Dean Skelos and Assembly Speaker Sheldon Silver. They each applauded the efforts of Governor Cuomo and leaders in both houses of the legislature to pass this reform and make communities across New York safer.

Joyful Heart is part of a statewide coalition that has worked for the past two legislative sessions to advocate for the passage of this landmark DNA databank expansion.

The Databank currently captures offender DNA profiles for only 46% of crimes. Governor Cuomo has proposed expanding the Databank to include samples from offenders convicted of all felonies and all penal law misdemeanors. The Senate passed the proposal in January with overwhelming bipartisan support, but it is now stalled in the Assembly.

Expanding the Databank will solve and prevent crimes. It will allow more survivors of violent crimes to see their perpetrators brought to justice. Listen to the powerful story of Ann M., whose twelve-year-old daughter was sexually assaulted in their home. DNA evidence eventually led to the conviction of the attacker, but not until a decade later—when petit larceny became a qualifying offense for DNA collection.

Like Ann, too many survivors and their families wait years for justice and the healing it can bring. While they wait, their perpetrators remain free to commit other violent crimes.

For too many years, efforts to expand the State’s DNA Databank have failed. Please visit our Advocacy Center to tell your New York Assembly Member that it is time to make New York safe—for you, your family and your community.

As Joyful Heart’s founder and president, Mariska Hargitay, said in a recently released video:

 “This reform will bring healing and justice to survivors, hold violent offenders accountable, solve and prevent crimes, and avoid wrongful convictions. We know that individuals who commit serious crimes, like rape, have broken the law before. A single DNA sample often matches to multiple cold cases when entered into the Databank. We also know that many rapists have previous convictions for lower-level crimes. In fact, since New York began collecting DNA samples for some misdemeanor convictions in 2006, offender profiles from shoplifting and criminal trespass convictions alone have matched to 332 sexual assault cases. It is now time for New York to use DNA to its fullest potential.”

While the NYS Senate has taken a very significant step toward bringing healing and justice to survivors of sexual violence and making our communities safer, the bill must now pass in the NYS Assembly. To send a message to your New York State assemblymember that you support expanding the DNA Databank, please visit bit.ly/JH_advocate.

An FBI advisory board voted on December 6 to expand the definition of rape and sent the final decision on to Director Mueller. While testifying before the Senate Judiciary Committee, Mueller explained his support for updating the definition:

“That definition was in some ways unworkable, certainly not applicable—fully applicable—to the types of crimes that it should cover.”

The new definition states that rape is “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” In updating its terminology, the FBI removed the requirement that a rape involve force and expanded its reach beyond only female victims.

The updated definition of rape will allow local law enforcement agencies to report more sexual assaults to the federal government. In turn, the Uniform Crime Report, the FBI’s annual report on crime statistics, will give a more accurate picture of sexual violence that is reported throughout the country.

The Plain Dealer reports that, “at least a third of reported sex offenses, including many involving children, have been classified by the police department as non-crimes with labels such as ‘miscellaneous’ or ‘departmental information.’”

The investigation began after police reported that a total of 26 sexual assaults were reported in the city over a three year period. Reporters questioned the statistics and eventually, the city produced 88 cases that had been reported in the years between 2008 and 2010. Many of the cases has been classified as unfounded, closed without changes or not labeled as rape or sexual offenses.

The Plain Dealer also found that the city under-reported the number of “forcible rapes” to the FBI as well. Though the FBI’s definition is currently more narrow than the state law’s definition of sexual assault, almost two dozen cases should have been counted. Only three were reported from 2008 to 2010.

Despite having an new policy on how evidence, including evidence from rape kits, is collected, stored and tested, the department doesn’t have a written policy on how sexual assault cases should be investigated. Another recent article in The Plain Dealer also describes how most departments in Cuyahoga County, where the cities of Cleveland and Cleveland Heights are located, do not have specific policies detailing how to handle sexual assaults.

“It is the responsibility of police to define and classify these crimes properly, and to report the numbers accurately,” Cleveland Rape Crisis Center President & CEO Megan O’Bryan said. “Victims will continue to be silenced if their reports are not taken seriously, investigated thoroughly, and correctly reflected in crime statistics,” O’Bryan said. “We regularly hear stories, in the media and within the Cleveland Rape Crisis Center, of sex crime reports not being taken seriously, victims not wanting to ‘cooperate’ with police investigations, and investigations gone awry due to lack of understanding of sexual assault, guidelines and policies,” O’Bryan said. “A stand-alone sexual assault policy is a step on a really steep ladder to changing this climate for rape victims, but a step in the right direction.”

Read more of our coverage of Ohio’s response to sexual assault here on the Backlog Blog.

The only type of sexual assault on which the UCR currently collects data is “forcible rape,” defined as “the carnal knowledge of a female, forcibly and against her will.” That definition excludes a number of crimes, including rapes where the victim was drugged or under the influence of alcohol, and all male victims of sexual assault.

Given the definition’s exceedingly narrow scope, many sexual assaults are not counted as rapes in yearly federal reports that are used to track crime rates in the United States. This under-reporting misleads the public about the prevalence of rape and results in fewer resources for both preventing future sexual violence and supporting survivors.

In mid-September, members of the Police Executive Research Forum (PERF), including representatives of police agencies from various cities, met with FBI officials and survivors’ advocates to discuss making the definition more inclusive. The proposed change must now go through an FBI working group later this month and an FBI advisory group in December.

Campaigning by advocates and consensus among local law enforcement agencies created the impetus to change the UCR definition. A recent PERF study reported that 80% of 306 responding police agencies believe the FBI definition is inadequate. Philadelphia Police Commissioner Charles Ramsey has spearheaded the effort within PERF. He testified about the under-reporting of rape before the Senate Subcommittee on Crime and Drugs in September 2010.

We are hopeful that the FBI will take a big step toward bringing healing and justice to survivors of sexual violence and make this much-needed and long-awaited change to the UCR. Thank you to the advocates and law enforcement officials who have worked to make this change possible.

This recent case shines light on the rape kit backlog in Ohio and on the way law enforcement responds to sexual violence. From an article in The Plain Dealer:

Cleveland Heights police say they did not test sexual assault evidence that could have connected another woman’s rape to serial-killings suspect Anthony Sowell in 2009 because they didn’t know they had the evidence.
…
City officials said they discovered the rape kit among other stored evidence almost two years later when Cleveland police asked for it as a part of their investigation of Sowell [for other charges].

The Plain Dealer reported that the police department sent urine and blood samples to the lab along with the victim’s clothing, but did not submit the actual rape kit, which contained the DNA evidence from the perpetrator.

Only two states–Illinois and now Texas–and some cities–notably New York City and San Francisco–have implemented protocols that mandate that all rape kits are tested in a timely manner, so errors and negligence like this are not unique. The Plain Dealer points out in an editorial from last week:

[Cleveland Heights City Law Director John] Gibbon and current Cleveland Heights Police Chief Jeffrey Robertson…have said that a detective attempted to investigate the alleged rape, but that the victim was uncooperative. Gibbon said the detective called and left a card for her numerous times after the initial report, but she never contacted him.

Yet she did cooperate enough to provide the department with ample physical evidence that, if properly handled, should have led to an arrest — possibly saving lives.

That’s why sexual assault is a serious crime that merits serious attention and police time — time and attention that the Cleveland Heights Police Department, under former Chief Martin Lentz, did not accord to this case.

In the wake of this case, a task force commissioned by the Ohio Attorney General’s office has resumed its work to implement a statewide protocol on handling sexual assault cases and rape kits. In another article in The Plain Dealer, Joe Guillen reports that the police departments will be surveyed over the next month about situations in which they do–and do not–send sexual assault kits to labs for testing. The commission will use the results to to better understand inconsistencies throughout the state and to inform their recommendations for statewide standards for handling sexual assault evidence.

I came to work at Elmhurst Hospital Center as Coordinator of the Sexual Assault Forensic Examiner (SAFE) Program in 2004. As you may know, these Emergency Department-based programs ensure state-of-the art care for victims of sexual assault.

My role was to coordinate the 24-hour SAFE on-call team, take care of basic program administration and serve as in-house consultant. Gaining momentum nationwide for the past decade or so, SAFE programs—also known as SANE or SAE programs–are a welcome advance: they ensure sensitive and expert care to victims of sexual assault, reduce waiting times and strive for restoration of safety and control to patients.

Elmhurst Hospital, my then-new place of employment, is one of the eleven facilities comprising the New York City Health and Hospitals Corporation system. Its busy emergency room serves one of the most diverse areas of New York City. On my first day I was given a large green accountant’s ledger: the social worker previously in my position logged patient and SAFE-related information, entered month by month.

At the time, only a fraction of its lined pages were full.

A few things soon became abundantly clear: there was a steep learning curve to this position, the stakes of ‘not knowing’ felt exceedingly high and, other than the basic SAFE training, I couldn’t find any quick, easy resource to reach for during times of confusion.

I began what eventually became The SAFE Coordinator’s Handbook: Lessons Learned in Queens with modest aims–to provide our home team of examiners with rough guidelines regarding cases presenting at Elmhurst. I would jot down notes on the different kinds of situations presenting in our emergency room. Then, I’d seek out colleagues within our hospital system and around the city to solicit ideas of what best practices should be.

Early on, one of the Assistant District Attorneys from the Queens DA’s office, Eric Rosenbaum, did a presentation at Elmhurst about the legal process as it applies to SAFE operations–how it all works, what to expect after our SAFE patients have left the hospital. There was a lively question and answer session afterwards; the whole exchange was recorded and became the kernel around which the handbook eventually grew.

Years before, working in an entirely different setting (post 9/11, in the trauma education program Comfort for Kids run by Mercy Corps) I had had a fortuitous meeting with a knowledge management specialist in the financial world. I saw how powerful gains could occur when everyone in a given organization or field has access to cutting edge knowledge–especially knowledge generated from the bottom up–and human resources specifically devoted to this end.

Having worked in a host of non-profit agencies, naturally it was troubling to me that front-line workers in human services often struggle along without this crucial support. Supervision, mentoring, training, emerging research, reflection–much that has to do with learning is whittled away–in the meantime, the human predicaments seem more and more dire.

Distress at this state of affairs drove a number of projects I did before starting The Safe Coordinator’s Handbook. For example, I interviewed NYC providers and compiled their advice and tips into user-friendly, accessible activity books suitable for professionals and paraprofessionals alike–one focused on children and trauma and one about teens and conflict resolution, both published by the Bureau for At-Risk Youth.

The philosophy was not to position myself as an expert, but rather to learn from those with longtime experience in the field, read whatever I could get my hands on, then distill my discoveries down to manageable, accessible prose.

Soon enough, I had a 50 page document and began to wonder if it might prove useful to those beyond our hospital setting. I spoke to my grant manager at Department of Criminal Justice Services, mentioning I’d been working on this project. He in turn put me in touch with Jean Fei, then a director of training at the New York State Coalition Against Sexual Assault. Jean became the project’s champion, shepherding it through many rounds of reviews and applications for funding.

Through it all, sexual assault patients kept arriving at Elmhurst. They arrived from down the street and distant lands, some victims of chronic abuse within their families, some casualties of Internet interactions gone awry, or immigrant restaurant workers, trying to get home at 3am. Speaking many tongues and with a host of worldviews, they presented our SAFE team with every imaginable circumstance and situation.

Their diversity, along with the fact that SAFE practices draw on widely disparate and continuously evolving fields–medicine, forensics, social work, law enforcement and criminal justice among them–prompted a realization. Unless we learn from one another, it’s practically impossible to master it all!

As its lengthy acknowledgements suggest, The SAFE Coordinator’s Handbook owes its existence to the time and expertise of many throughout New York City and state. In ‘capturing’ knowledge and making it accessible to those on the front lines serving victims of sexual assault, I believe this project is a perfect fit with Joyful Heart’s mission. In 2010, JHF decided to design, print, and distribute the handbook; from my point of view a miraculous end to this story, and one that, I hope, shines yet another beam of light into the darkness that surrounds the issue of sexual assault.

Rebecca Carman is a social worker with the Elmhurst Hospital Center SAFE program and maintains a private practice in psychotherapy in New York City. A .pdf version of The SAFE Coordinator’s Handbook is available from the Joyful Heart website. If you would are interested in receiving hard copies for your program, please email info@joyfulheartfoundation.org.

A new document produced and distributed by the National Alliance to End Sexual Violence outlines some other costs of sexual violence. The document addresses the economic, health care and systems costs associated with sexual violence. It notes that:

• Each rape costs approximately $151,423;
• In 2008, violence and abuse constituted up to 37.5% of all health care costs, or up to $750 billion total;
• Rape is the most costly of all crimes to its victims, with total estimated costs at $127 billion a year (excluding the cost of child sexual abuse);
• Sexual abuse interferes with women’s ability to work.

While these figures are dispiriting, there are ways to mitigate these costs and other consequences of sexual violence. The article goes on to state:

“A 2006 study found that when victims receive advocate-assisted services following assaults, they receive more helpful information, referrals, and services and experience less secondary trauma or re-victimization by medical and legal systems (Campbell, 2006). Furthermore, the same study found that when advocates are present in the legal and medical proceedings following rape, victims fare better in both the short- and long-term, experiencing less psychological distress, physical health struggles, sexual risk-taking behaviors, self-blame, guilt and depression.”

At Joyful Heart, we know that how a community responds to survivors is crucial to healing. The initial response can support a survivor on her path to recovery or decrease his feelings and of isolation and hopelessness. Sexual assault advocacy services support survivors in reclaiming a positive sense of self, pursuing the justice that makes us all safer and rediscovering the world and their own bodies as caring and loving places. These services are also cost effective, as they can prevent complex, long-term health problems and they also contribute to increased prosecution rates.

This report reminds us that sexual violence costs us all. We are affected in a number of ways–as individuals, families, neighborhoods and communities–but supportive interventions can mitigate the devastating consequences of violence. We all have a role to play in constructing and supporting such interventions by donating to our local rape crisis center, supporting policies and funding that make services available or just being a compassionate friend, family member or colleague.

Please find the entire document with citations here. For a list of crisis and support centers throughout the United States, visit the National Sexual Violence Resource Center.

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