Chairman Leahy, thank you for holding today’s hearing on DNA evidence and the use of this evidence in solving rape cases. During my time in the Senate, I have been a strong advocate for victims of crime. I have worked to ensure that crime victims have a voice in the prosecution of criminals and that policies are in place to provide timely and adequate restitution for victims. I have also been a strong supporter of efforts to help victims of domestic violence by cosponsoring the 2005 reauthorization of the Violence Against Women Act. More recently, I joined as a cosponsor of the Crime Victims fund Preservation Act of 2009. This vital legislation will help ensure that monies paid into the Crime Victims Fund are not subject to an arbitrary cap limiting the amounts of restitution available annually for crime victims.
Today’s hearing builds upon the foundation of these other efforts for crime victims. In the last decade, the use of DNA evidence to help solve crimes has exploded. DNA is an invaluable tool for law enforcement and prosecutors, but the growing use of DNA has created a significant backlog of DNA evidence that needs to be tested. According to the National Institutes of Justice in a 2003 study on DNA backlogs, there were over 221,000 DNA samples that had not been analyzed for evidence. Nearly 169,000 of those samples were from rape cases. Some more recent estimates peg the number of pending DNA samples from rape cases at nearly 180,000. The problem is that there is no requirement that actual numbers of backlogged DNA samples be cataloged.
Any backlog of unprocessed DNA evidence poses significant problems for law enforcement and prosecutors that work to bring sexual predators and criminals to justice. However, victims of crime are also harmed by any delays in testing of DNA. This is especially true for victims of rape given the very personal and invasive nature of the medical procedures necessary to collect the evidence. Any victim of crime deserves swift justice, but those who have been raped live in fear that their attacker may come back to harm them again. They deserve the peace of mind to know that once the evidence is collected it is tested in a timely manner so that the perpetrator can be brought to justice.
Another troublesome aspect of untested DNA samples, including rape kits, is the possibility of the criminal reoffending while evidence that could lead to their arrest is sitting in an evidence locker or laboratory. The New York Times published a column back in April detailing one such case where a rape kit sample produced a match with a previous offender’s DNA in a database, but not before the offender raped two more victims. Had that rape kit been tested in a timely manner and the known offender been apprehended, these crimes may not have occurred. This is exactly the type of scenario Congress hoped to avoid when President Bush signed into law the Justice for All Act of 2004, which included the Debbie Smith Act of 2004. Ms. Smith is a courageous individual who survived a sexual assault and has become an outspoken advocate for eliminating the DNA testing backlog. I’m glad she is here with us today to testify about her efforts to ensure that DNA is tested in a timely manner. I applaud her efforts and look forward to her testimony.
Unfortunately, since the passage of the Justice for All Act, the backlog of untested DNA samples has continued. To address the backlog of untested DNA samples in rape kits, I joined Senator Franken as the lead Republican cosponsor of S.2736 the Justice for Survivors of Sexual Assault Act of 2009. This important legislation looks to correct a number of problems with untested rape kits. Specifically, the legislation will: (1) require states to implement plans to reduce untested rape kit backlogs, (2) provide financial incentives to reduce the backlog, (3) create an annual reporting mechanism for rape kit backlogs, (4) require states to pay the cost of rape kits for victims up front and not via a reimbursement scheme, (5) require health care professionals to notify victims that they have a right to a rape kit examination free of charge, and (6) allow rural and tribal areas access to grant funds to pay for rape kits even if the rural or tribal area lacks a certified Sexual Assault Nurse Examiner.
The Justice for Survivors of Sexual Assault Act is a big step toward cutting down the backlog of untested rape kits. I believe it offers an approach that would lead to real reform and will help by cutting down the backlog in a manner that is cost effective given the current budget restraints because of the growing deficit. Most importantly, this bill will help all victims by encouraging the speedy review of rape kits which could help locate repeat offenders who commit other crimes and bring them to justice. I hope the Judiciary Committee will take up this important legislation soon and urge my colleagues who may have concerns to work with us to make sure rape victims get the justice they deserve.
I look forward to the testimony of all the witnesses. Thank you.