The Reason Rapists Are Going Free

The Reason Rapists Are Going Free

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The Reason Rapists Are Going Free

When will the men and women of our world be able to live their lives without the fear of being raped by another person? The article that will be discussed in this paper is called “The Reason Rapists Are Going Free” written by Stacy Colino. The biggest thing about this article is the fact that the DNA samples gathered in rape kits can nab sexual offenders, but the evidence often sits around collecting dust. Many men as well as women are getting away with harming another person through sexual contact with out their permission. Men as well as women can be rapped but less men will actually go to the police about it they would rather keep it under wraps because they are afraid they will be criticized for being weak which is untrue. Both, men and women are at risk for rape the scary thing is that there is a possibility that their cases will not be processed because their rape kits are not being processed efficiently. The ones that actually are processed are not always brought to trial. Those that are processed are thrown through the databases of convicted persons and if there is a match than it will go through the courts, and when this is all done with the victim feels worse about themselves and we promote this in our culture?

The audience of this paper is those who want to be informed and those that this horrible problem has happened to. Rape is not something men and women wish to talk about but it is a relevant issue in our world. It should not be something people have to worry about in their own homes. The purpose is to inform people that the rapists can be caught and brought to trial for what they have done. The logos of the article are those who have been raped will be able to get their victimizer put away for a long time therefore the kits should be processed. The ethos that is presented in this article is if you are going to do the crime you should have to do the time as well if you are going to start reassess a case you should make sure the kit is finished.

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The pathos of the article is that no one person should have to deal with this alone and that even if this does happen the person responsible will have a chance of being caught. However, this happens to many people and it should not but it is not only women it happens to it can also be a man.

Men and women should have the peace of mind to know this crime may happen but justice will be found but how are we supposed to do this? There is no way of stopping someone when all they have on their mind is sex especially if they have committed the crime before. However it has gotten to the point were justice is not being given. After the crime happens the victim is then escorted to the hospital, where a Sexual Assault Nurse Examiner (SANE) collects evidence by swabbing every part of the victims body the attacker may have touched, licked, or ejaculated onto and preserved those DNA containing samples in what is called a rape kit. So, when the victim leaves the hospital the next morning they feel optimistic that the police will quickly nab the attacker. Since the 1970’s, rape kits have revolutionized the process of finding, arresting, and convicting sexual offenders. One problem with the rape kits is there are not enough people who are trained to collect the kits properly. Another is that the crime labs simply do not have the manpower and equipment to keep up with the volume. As a result, there is currently a backlog of 180,000 rape kits waiting to be analyzed nationwide. Despite the backlog, many kits are analyzed and put to good use. That is why it is important for every man and women to know the ins and outs of the evidence collection process should they or someone they know become the victim of a sexual assault.

Therefore, what is in the rape kit that has been mentioned repeatedly? The rape kit consists of cardboard box, which is actually, what the kit comes in. The box contains vials for blood samples from the victim and assorted swabs for body fluids taken from the victims skin. The body fluids are taken from the skin, mouth, vagina, penis, and anal cavity. There are also envelopes for fingernail clippings, head and pubic hairs, skin particles, fibers, and other trace elements found on the victim’s body that may belong to the perpetrator. When a victim gets to the hospital, they are supposed to be offered a forensic exam automatically, for which they must give written consent. A kit should be collected within 36 hours of the rape to get the best samples, but it can be done anytime within 72 hours. The entire process usually takes two-and a half to three hours to complete and is optional. Some women are reluctant to have a rape kit done because either they just want to forget about what happened or they are not sure if they want to press charges. However, experts say its best for the victim to have one done anyway. While she makes up her mind whether to prosecute, her kit can .be held for safe keeping by the forensic examiner. If the victim decides to press charges, it is turned over to the police, if not, it is destroyed. In either scenario, the victim does not pay for the exam, the government agencies do.

Who collects the evidence for the rape kits? The answer to this question is critical. SANE’s are trained to in the best way possible to handle and label the evidence in the rape kits. Eighteen percent of those done by non-SANEs were deemed inadmissible because of sloppy handling procedures. While SANE programs have been growing in the U.S. in recent years, they currently cover less than ten percent of hospitals. At the other hospitals, victims who have been raped are likely to be met by ER doctors and nurses who may have little or no specialized training in collecting evidence.

What is the proper care and handling of rape kit? Once the collection process is finished, the victim’s kit is labeled, sealed, and dated by the examiner and if they want to press charges. A police officer will then pick it up and take it to a police or private lab for analysis or to a police storage locker for safekeeping. The truth is, sometimes these kits are lost or mishandled in transit, and that is a problem. To be considered admissible in court, a rape kit must have documented listing of every person who had contact with it from the time it was collected.

The big question in the article seems is how to get the rape kits processed and in court so rapists aren’t running free. The police and the prosecutor’s office decide which rape kits are sent to the lab often based on whether they already have a suspect. Unfortunately, a victim cannot take the kit and get it processed they because it has become a part of the states evidence. However, the victim may be able to speed up the process by hiring a lawyer to pressure the police. When the victims rape kit does make it to a lab, an examiner will open it, take an inventory of the evidence, and make sure that all the samples have been dried properly. In the best-case scenario, there is no backlog at that particular lab and the examiner can start analyzing the evidence immediately. However, as of 2001, 81 percent of DNA crime labs reported having a backlog. This means that most kits are usually resealed and put into the labs vault until an examiner is free – which can take several months at best and can take several years.

How do they find the matches for the rape crimes? The police and prosecutors office are now armed with the rapists unique DNA profile, detectives can take a saliva sample from a know suspect and make a comparison, if the DNA matches, they can make an immediate arrest. Then they can also plug the information into a local database or the FBI’s national DNA records for more than a million convicted offenders, some of whom are out of prison and may have struck again. Then if a match is made with an offender who is already in the system- and the victim and the police have no idea who the suspect is – it is called a cold hit. If not the DNA profile stays in the database and is supposed to be reached regularly.

What happens in the courtroom and what must be done? When a match is made, prosecutors can quickly bring charges against the offender and start building a case that is more likely to be airtight because it is backed by science. In addition, when a perpetrator is identified based on his DNA profile, it can often lead to a plea bargain- in which case the victim wont have to face her attacker in court. Unfortunately, the backlog is likely to get worse before it gets better. With more states requiring DNA evidence for more and more offenses, it can increase very rapidly. However, under no circumstances does that mean a victim should not get a rape kit done. For one thing, the evidence it contains can still be used years later to get their rapist off the street.

All over the world, this problem will never be solved and it will get worse and worse. This article is very well written and it was extremely informative and it gives you the information for if you have been raped. More forensic labs should be open so that all of the rape kits can be processed and the rapists would then be taken off the street. How can we just let the rapists who are some of the biggest villains get away with this. They come into our homes, on the bus, or even on the subway and hurt more than just our dignity. The only thing being done about this is, In September, the senate passed the DNA Sexual Assault Justice Act of 2002. Though not yet signed into law, the bill provides money to eliminate the rape-kit backlog, train more examiners, and mandate a quicker testing turnaround time. Why should they have to make a new act in order to get rid of the backlog and not just arrest all of those people who are sex offenders and rapists?
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