Testing of these kits could lead to criminal prosecutions.
Across the nation, tens of thousands of rape kits — the evidence gathered in the aftermath of a sexual assault, which often includes DNA evidence such as swabs — sit untested. This backlog of unexamined rape kits has resulted in many sexual assaults never being fully investigated or prosecuted. Frustrated by this reality, Assemblyman David Chiu introduced a bill that will require law enforcement agencies to report to the state (1) how many sexual assault kits they have collected and examined; (2) how many kits they have not tested and examined; and (3) the reason why any evidence gathered was not analyzed. This bill went into effect in January 2018.
There are numerous legitimate reasons why a rape kit may go untested. For example, if a victim in a sexual assault case identifies her assailant, and/or the suspect confesses, the police may not take the extra step of testing the DNA evidence. Performing the test can be costly, with an average cost of $500 to $1,500. The California Sheriff’s Association lobbied against the bill and similar bills that would require them to count and analyze the sexual assault evidence in the possession of law enforcement agencies.
As a seasoned criminal defense attorney in San Bernardino CA can explain, rape is a felony offense under California law. It is punishable by up to eight years in California state prison for most rape cases, with an additional three to five years if the victim suffered great bodily injury. If the victim is a minor under the age of 14, the possible penalty is thirteen years in prison. A rape conviction will also likely result in a lifetime sexual offender registration.
The push to examine rape kits — including ones that may have been sitting on shelves in evidence rooms for years — may be a good one, particularly for victims of sexual assault who suffered a significant trauma. However, it may also lead to false convictions, particularly if DNA evidence is the sole link between an alleged victim and an alleged assailant. If a rape occurred years ago, it may be difficult to impossible to find witnesses to testify or to properly defend against the case. Memories fade, and evidence may be lost — which raises basic questions of fairness when rape kits are tested years after the alleged crime occurred.
In some situations, the statute of limitations — the time that a prosecutor has to file criminal charges — may be an issue in these cases. An experienced criminal defense attorney in San Bernardino CA can advise you about whether the statute of limitations is a valid defense if you have been charged with rape based on a rape kit tested as a result of this bill.
At the Chambers Law Firm, our team of highly skilled professionals is dedicated to helping anyone who has been charged with a crime, including sexual assault or rape. We are seasoned criminal defense attorneys in San Bernardino CA who will fight for your rights and your freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
