Archive for September, 2011
A corrections officer in Illinois has been charged with sexually assaulting a 10-year-old child in 1997 after a rape kit that was part of a backlog in Harvey, Illinois was finally tested. The case is another powerful and deeply troubling example that every untested rape kit represents the failure to bring justice to a survivor and to protect the public.
The victim submitted to a sexual assault evidence collection–or rape kit–exam in August of 1997 after reporting numerous instances of being sexual assaulted by her step-father, Robert Buchanan. Buchanan was questioned but never charged by the Harvey Police Department and went on to serve as a corrections officer in a local jail for over a decade.
This kit was one of 200 untested rape kits that the Cook County State’s Attorney office, the sheriff’s office and the Illinois State Police recovered in a 2007 raid, according to various news agencies, including NBC, CBS, ABC, the Chicago Tribune and The Huffington Post.
Under the 2010 Illinois Sexual Assault Evidence Submission Act, the first of two state-wide laws in the country that mandate law enforcement to track and test all rape kits, the Illinois State Police (ISP) was required to collect data on all untested rape More >
An extremely difficult fiscal climate in California’s government has narrowed the scope of the bill significantly since it was first introduced in the Assembly. Originally, and much like the laws recently passed in Texas (2011) and Illinois (2010), the bill would have required all jurisdictions to report on the number of untested rape kits in their storage facilities on an annual basis and to test all kits in a timely manner if sufficient resources are available. The bill now limits the counting and processing of rape kits to a pilot program in the ten counties with the lowest arrest rates for sexual assault.
The bill comes after several years of news about the backlogs in numerous jurisdictions in California, including Los Angeles City and County, which once had a backlog numbered at over 12,500 untested kits. To catch up on the progress of the state of the backlog in California, be sure to read past articles on the Backlog Blog here.
Update: California Rape Kit Bill Passes in State Senate; Seeks to Create Pilot Program for Processing Kits
A bill aimed at improving the backlog of untested rape kits in California has just passed in the California State Senate with a vote of 37-2. It will now be voted on in the assembly before heading to the Governor’s desk.
We posted about the bill, AB 322, that was introduced in the California legislature in February, which seeks to process rape kits in California in a more timely manner. Since it has been introduced in the Assembly, AB 322, has gone through several significant changes. While the legislation would still call on all jurisdictions to report the number of kits in custody that are not tested, instead of mandating state-wide testing of every kit, it would require some jurisdictions–those with very low rates for solving sexual assault cases–to test all kits in a state-mandated two-and-a-half year pilot program.
In the ten counties which would be part of the pilot program, fewer than 12 percent of rape cases are solved, Monrovia Patch reported in July. AB 322 would require law enforcement to test every rape kit they receive in an effort to improve these rates.
Assemblyman Anthony Portantino, D-Pasadena, has been pushing AB 322 through the legislature.
Portantino has introduced several bills aimed at reforming More >