'Jane Doe Rape Kits' Going Nationwide

[dread]

ELKTON, Md. — Starting next year across the country, rape victims too afraid or too ashamed to go to police can undergo an emergency-room forensic rape exam, and the evidence gathered will be kept on file in a sealed envelope in case they decide to press charges.

The new federal requirement that states pay for "Jane Doe rape kits" is aimed at removing one of the biggest obstacles to prosecuting rape cases: Some women are so traumatized they don't come forward until it is too late to collect hair, semen or other samples.

"Sometimes the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," said Carey Goryl, executive director of the International Association of Forensic Nurses.

The practice is already followed at some health clinics, colleges and hospitals around the country and by the state of Massachusetts. But many other jurisdictions refuse to cover the estimated $800 cost of a forensic rape exam unless the victim files a police report.


http://www.foxnews.com/story/0,2933,355485,00.html



I have a huge problem with this. What about chain of custody issues? And how does one know that this wasnt a girlfriend pissed off at her boyfriend and is holding onto this until he does something to piss her off again?

[diuretic]

Yep, I can see huge problems - I know it wouldn't get a look in in my jurisdiction. Maybe there's a need to look at reporting circumstances and the follow-up forensic procedures. For the record I fully understand a victim's reluctance to report, but that's another issue.

[dread]

Another thing that gripes me is that the cost is being paid by taxpayers for something that may be bogus or never result in a conviction.

[glockmail]

....
I have a huge problem with this. What about chain of custody issues? And how does one know that this wasnt a girlfriend pissed off at her boyfriend and is holding onto this until he does something to piss her off again?

COC is not an issue. Its the same kit in use now, and done by the same hospital personnel, and kept as evidence in the same way. The difference is that there’s only a number on the kit after its been sealed, instead of a name. It appears that the woman will be given a certificate with that number to tie it back to her if she reports the incident to the police.

With regards to the cost, the government has an obligation to provide police services to its citizens, and prosecutorial services when those services fail.

I think it’s a great idea and why didn’t someone think of this before?

[DragonStryk72]

Another thing that gripes me is that the cost is being paid by taxpayers for something that may be bogus or never result in a conviction.

Um, usually in the case of that kind of rape, it's usually fairly obvious, and if they can get those samples, then the fact is, you would see more prosecutions, with better evidence, meaning that more convictions will follow.

[dread]

COC is not an issue. Its the same kit in use now, and done by the same hospital personnel, and kept as evidence in the same way. The difference is that there’s only a number on the kit after its been sealed, instead of a name. It appears that the woman will be given a certificate with that number to tie it back to her if she reports the incident to the police.

With regards to the cost, the government has an obligation to provide police services to its citizens, and prosecutorial services when those services fail.

I think it’s a great idea and why didn’t someone think of this before?

Even if it is the same kit, it doesn't make a difference to the chain of custody. How is the hospital going to verify that the same person who came in to do the kit is the same one claiming the rape? Certificates can be passed around from person to person.

Other problems are going to come from defense attorneys. Their first question is going to be, "If it was such a bad experience, why did you wait X amount of time before reporting it? Were you trying to blackmail my client for money and when he said no, you filed charges?"

What's to stop a woman from having sex with a guy, doing the kit, and then using it later against the man when the relationship goes bad? Having the police involved from the beginning ensures that the suspect's rights are protected and the truely guilty go to jail.

[dread]

Um, usually in the case of that kind of rape, it's usually fairly obvious, and if they can get those samples, then the fact is, you would see more prosecutions, with better evidence, meaning that more convictions will follow.

How about the victim goes to an advocacy center where the medical exam, interview and other stuff is done right on site and in less then 4 hours (usually). This allows the police to be moving forward, the victim to feel secure and not have numerous interviews with different people, and if the suspect is known, he can usually be in jail before the victim is completely done at the center. This way the right guy goes to jail and the victim gets treated with respect and doesn't have to answer questions from the ER admitting person, the nurse at the ER, the Doc at the ER and then the cops.

[actsnoblemartin]

How about trying to use the prevention method.

Now you CANT prevent all rapes.

But, should women dress slutty?

should they put themselves in dangerous situstions

am i saying rape is ok no, but should i walk down a deserted ally with 100's of dollars.

ELKTON, Md. — Starting next year across the country, rape victims too afraid or too ashamed to go to police can undergo an emergency-room forensic rape exam, and the evidence gathered will be kept on file in a sealed envelope in case they decide to press charges.

The new federal requirement that states pay for "Jane Doe rape kits" is aimed at removing one of the biggest obstacles to prosecuting rape cases: Some women are so traumatized they don't come forward until it is too late to collect hair, semen or other samples.

"Sometimes the issue of actually having to make a report to police can be a barrier to victims, and this will allow that barrier to cease, to allow the victim to think about it before deciding whether to talk to police," said Carey Goryl, executive director of the International Association of Forensic Nurses.

The practice is already followed at some health clinics, colleges and hospitals around the country and by the state of Massachusetts. But many other jurisdictions refuse to cover the estimated $800 cost of a forensic rape exam unless the victim files a police report.


http://www.foxnews.com/story/0,2933,355485,00.html



I have a huge problem with this. What about chain of custody issues? And how does one know that this wasnt a girlfriend pissed off at her boyfriend and is holding onto this until he does something to piss her off again?

[diuretic]

How about the victim goes to an advocacy center where the medical exam, interview and other stuff is done right on site and in less then 4 hours (usually). This allows the police to be moving forward, the victim to feel secure and not have numerous interviews with different people, and if the suspect is known, he can usually be in jail before the victim is completely done at the center. This way the right guy goes to jail and the victim gets treated with respect and doesn't have to answer questions from the ER admitting person, the nurse at the ER, the Doc at the ER and then the cops.

That's a MUCH better idea. Like this?

http://www.wch.sa.gov.au/services/az...owplace/files/

[diuretic]

How about trying to use the prevention method.

Now you CANT prevent all rapes.

But, should women dress slutty?

should they put themselves in dangerous situstions

am i saying rape is ok no, but should i walk down a deserted ally with 100's of dollars.

Martin, you're being silly. Think about it for a minute.

Young men get killed and injured in brawls inside and outside (vicinity) of nightclubs (where I live). So, should young men stop going to nightclubs?

[glockmail]

[1]Even if it is the same kit, it doesn't make a difference to the chain of custody. How is the hospital going to verify that the same person who came in to do the kit is the same one claiming the rape? Certificates can be passed around from person to person.

[2]Other problems are going to come from defense attorneys. Their first question is going to be, "If it was such a bad experience, why did you wait X amount of time before reporting it? Were you trying to blackmail my client for money and when he said no, you filed charges?"

[3]What's to stop a woman from having sex with a guy, doing the kit, and then using it later against the man when the relationship goes bad? Having the police involved from the beginning ensures that the suspect's rights are protected and the truely guilty go to jail.

1. The kit contains evidence of the victim’s identity along with the attacker.
2. That issue has nothing to do with the kit.
3. She’d be setting herself up for an easy prosecution with all the evidence of their normal relationship after the kit was processed.

[dread]

1. The kit contains evidence of the victim’s identity along with the attacker.

Yes, but there is still a potential for identity issues. Did the hospital take a valid identification when the kit was done, etc that are not issues when dealing with the police.

2. That issue has nothing to do with the kit.

The whole point of the kit is for a successful prosecution. By allowing them to wait, days, weeks, or years before they come forward you have opened the door to these questions.

3. She’d be setting herself up for an easy prosecution with all the evidence of their normal relationship after the kit was processed.

The truth would come out, sooner or later, but in the meantime, the guy is being accused of rape, drug through a prosecution, smeared in the media, etc. Like the Duke Rape Case, big headlines on the arrest of the three "suspects" no headlines on the dropping of charges against the same "suspects." The truth came out, but not before it totally screwed up their lives.

[glockmail]

[1]Yes, but there is still a potential for identity issues. Did the hospital take a valid identification when the kit was done, etc that are not issues when dealing with the police.

[2]The whole point of the kit is for a successful prosecution. By allowing them to wait, days, weeks, or years before they come forward you have opened the door to these questions.

[3]The truth would come out, sooner or later, but in the meantime, the guy is being accused of rape, drug through a prosecution, smeared in the media, etc. Like the Duke Rape Case, big headlines on the arrest of the three "suspects" no headlines on the dropping of charges against the same "suspects." The truth came out, but not before it totally screwed up their lives.

1. I think doctors or nurses are just as reliable witnesses to identify someone. After all, they would be the ones who did the actual physical examination.
2. According to the article you posted the kits are disposed of after 90 days. Its not unusual for a victim to wait that long before coming forward. In those cases, these kits provide evidence which would be crucial to the prosecution.
3. In this case the rape kit would protect the falsely accused, since evidence of violence, forced entry, and defensive maneuvers would all be collected.

[dread]

How about trying to use the prevention method.

Now you CANT prevent all rapes.

But, should women dress slutty?

should they put themselves in dangerous situstions

am i saying rape is ok no, but should i walk down a deserted ally with 100's of dollars.

First of all if you WERE to walk down a deserted ally with all that money you would be safe. Because there is NO ONE there.


Secondly...I dont care if a female walks around buck naked around town. It doesnt give a man the right to stick his dick in her.

The reality is rape IS NOT about sex but about violence perputrated onto someone who is preceived as weaker.

[dread]

That's a MUCH better idea. Like this?

http://www.wch.sa.gov.au/services/az...owplace/files/

Centers like that are really starting to take off here in the US.