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The Phenomenon of Untested Sexual Assault Kits

The Phenomenon of Untested Sexual Assault Kits
Author: Darlene Brothers-Gray
Publisher: Cambridge Scholars Publishing
Total Pages: 115
Release: 2021-08-06
Genre: Social Science
ISBN: 1527573486

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This book examines the phenomenon of unsubmitted and untested sexual assault kits (SAKs). Beginning with an analysis of the background of the study, it examines feminist theory, functionalism, and resource dependence theory in relation to the phenomenon. The book highlights the existence of scholarly literature on the topic of sexual assault and what sexual assault encompasses, leading to the problem of unsubmitted and untested SAKs. Sexual assault is a global problem involving women and college students. Unfortunately, there are 400,000 SAKs nationwide in the US that remain unsubmitted or untested, therefore indicating serious gaps in the criminal justice system. The book shows the need for stakeholders who have an interest in the topic to collectively engage to acknowledge the systemic gaps, and provide resolution so that officials properly utilize SAKs to apprehend and empower victims to live healthy and functional lives. It recognizes and portrays the results of the study and suggests recommendation for future research. The book will be an instrumental tool for law enforcement officers, sexual assault detectives, forensic scientists, and sexual assault nurse examiners to understand the perceptions of law enforcement as to what caused the phenomenon and how to prevent it in the future.


Sexual Assault Kits and Reforming the Response to Rape

Sexual Assault Kits and Reforming the Response to Rape
Author: Rachel E. Lovell
Publisher: Taylor & Francis
Total Pages: 542
Release: 2022-11-11
Genre: Social Science
ISBN: 1000780287

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Sexual Assault Kits and Reforming the Response to Rape curates the current state of untested sexual assault kit research and highlights emerging best practices by exploring the past, the present, and the future of our collective response to rape. This book is the first to address the most critical topics related to untested sexual assault kits and the Department of Justice’s Sexual Assault Kit Initiative, bringing together leading US scholars, practitioners, policy makers, and survivors. In a series of well-researched and thoughtful thematic chapters, the book explores the current state of knowledge related to untested kits, survivors, and perpetrators, while also documenting fundamental and necessary changes in how societal systems respond to rape. It provides an opportunity to learn from our past, highlight what we could do differently now, and envision a better future for victims of rape and those tasked with ensuring justice. It may also serve as a cautionary tale for those jurisdictions that have yet to face their backlog or who have failed to embrace the practice and policy changes that have emerged from the Sexual Assault Kit Initiative. Sexual Assault Kits and Reforming the Response to Rape is essential reading for practitioners (including law enforcement, prosecutors, victim advocates, mental health providers, forensic nurses, and forensic scientists), stakeholders, legislators, and policy makers. It will also be of interest to upper-level students and scholars working on interpersonal violence, gender-based violence, and forensic nursing in social/behavioral science fields.


Testing Justice

Testing Justice
Author: Human Rights Watch (Organization)
Publisher: Human Rights Watch
Total Pages: 67
Release: 2009
Genre: DNA fingerprinting
ISBN: 1564324613

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And recommendations -- Sexual violence in Los Angeles County -- Untested rape kits in crime laboratories -- Untested rape kits in police storage -- Human rights law and responses to sexual violence -- Conclusions.


"I Used to Think the Law Would Protect Me"

Author: Sarah Tofte
Publisher:
Total Pages: 42
Release: 2010
Genre: Criminal justice, Administration of
ISBN: 9781564326539

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Methodology -- Recommendations -- Keeping track of sexual violence in Illinois -- Rape kit evidence collection in Illinois -- Untested rape kits in Illinois police storage facilities -- Untested rape kits in Illinois crime labs -- Conclusion.


Hiding in Plain Sight

Hiding in Plain Sight
Author: Luis I. Espinoza
Publisher:
Total Pages: 0
Release: 2012
Genre: Rape
ISBN: 9781621000730

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Untested sexual assault evidence is being discovered in police evidence rooms all across the country. It is unknown how many unanalyzed sexual assault kits (SAKs) there are nationwide. There are many reasons for this, but one is that tracking and counting SAKs is an antiquated process in many U.S. jurisdictions. Certainly, there may be legitimate reasons why some of the recently discovered unanalyzed SAKs were not sent to a lab. Not all evidence collected in an alleged sexual assault is going to be probative. For example, in cases where consent is an issue, detectives may consider that the SAK does not add any important information to the investigation. This book analyzes this issue and offers a variety of ramifications for the police and crime laboratories, for the courts, and for the victims.


The Rape Scandal that Puts You at Risk

The Rape Scandal that Puts You at Risk
Author: Linda Fairstein
Publisher: Open Road Media
Total Pages: 14
Release: 2012-09-11
Genre: Law
ISBN: 145327328X

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A harrowing investigation into law enforcement’s failure to process hundreds of thousands of rape kits across America—allowing many rapists to walk free. In 2011, advocacy groups estimated that up to 250,000 rape kits sat untested in police storage across the country. These kits, some from crimes dating as far back as the mid-1990s, represent a disturbing breakdown in law enforcement that has allowed many violent criminals to remain on the streets. In some cases, rape victims are kept in the dark about the investigations into the crimes committed against them. Legal expert Linda Fairstein illustrates this injustice with the story of a Los Angeles woman whose experience, Fairstein writes, “is a tragic example of the outrageous backlog of untested rape kits that has existed nationwide for more than a decade.” In The Rape Scandal that Puts You at Risk, Fairstein lays bare these failures of law enforcement and issues a rallying cry for women everywhere to demand change. Originally published in Cosmopolitan, this essay is now available in digital format for the first time and features a new introduction by the author.


Sexual Assault and Harassment in America

Sexual Assault and Harassment in America
Author: Sarah Koon-Magnin
Publisher: Bloomsbury Publishing USA
Total Pages: 230
Release: 2022-05-18
Genre: Social Science
ISBN:

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This wide-ranging resource uses evidence-based documentation to examine claims and beliefs—and provide the facts—about sexual assault and harassment and other forms of sexual violence in the United States. Each title in the Contemporary Debates series examines the veracity of controversial claims or beliefs surrounding a major political/cultural issue in the United States. They do so to give readers a clear and unbiased understanding of current issues by informing them about falsehoods, half-truths, and misconceptions—and confirming the factual validity of other assertions—that have gained traction in AmericA&Rsquo;s political and cultural discourse. Ultimately, this series has been crafted to give readers the tools for a fuller understanding of issues, events, policies, and laws that occupy center stage in American life and politics. This volume in the series addresses the issue of sexual violence in the U.S. It includes chapters devoted to quantifying the extent of the problems of sexual assault and harassment; demographic groups most likely to experience sexual violence; physical, emotional, and societal impacts of sexual assault; how investigations of sex-related charges are conducted; laws and policies pertaining to both victims and offenders; and sexual violence prevention and response services outside of the criminal justice system.


Untested Sexual Assault Kits and Sexual Assault Survivors' Decisions to Re-engage with the Criminal Legal System

Untested Sexual Assault Kits and Sexual Assault Survivors' Decisions to Re-engage with the Criminal Legal System
Author: McKenzie Javorka
Publisher:
Total Pages: 0
Release: 2023
Genre: Electronic dissertations
ISBN:

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Sexual assault is a serious form of interpersonal violence that results in significant negative impacts to survivors' health, well-being, and sense of personal safety. Survivors may report the assault to police to pursue redress for this harm through the criminal legal system. However, police typically take few steps to investigate sexual assaults and routinely do not submit sexual assault evidence kits (SAKs) collected during post-assault medical forensic exams for forensic DNA analysis. Large stockpiles of previously unsubmitted SAKs have been discovered across the United States, which has prompted some police agencies to begin submitting these kits for testing and reopening sexual assault cases for prosecution. In a process referred to as victim notification, police may contact survivors years after they reported the assault to inform them that their SAK has now been tested and ask if they want to participate in the re-investigation of their case. Many survivors choose to re-engage with the criminal legal system following victim notifications; however, survivors' decision-making around this choice remains understudied.In this study, I explored why survivors whose SAKs had been part of the backlog of untested kits in Detroit, Michigan, chose to re-engage with police following a victim notification. I conducted a qualitative secondary analysis of data collected via semi-structured interviews with 32 sexual assault survivors who received a SAK victim notification that their cases were being reopened. Participants were all women and most identified as Black or African American (88%). All survivors in this sample chose to participate in the reinvestigation and prosecution of their cases. Data were analyzed using Miles et al.'s (2020) qualitative analytic framework to answer three focal research questions: 1) what were survivors' motivations for re-engaging; 2) what were survivors' concerns about re-engaging; and 3) how did the reactions of other people, such as family and friends, influence survivors' decision-making regarding reengagement?Survivors described three key motivations for re-engaging with the investigation and prosecution of their cases: protection of others and prevention of future assaults; a desire for justice for themselves through acknowledgement of the harm done to them and incarceration of the assailant; and a desire for closure. Participants' concerns about re-engaging included fears for their safety, concerns about the emotional toll of participating, distrust of the police, and guilt about prosecuting the assailant years after the assault. Analyses also revealed an emergent finding regarding the influence of police's supportive responses during the notification on participants' decision-making. Whereas participants did not appear to be directly influenced in their decision-making by the reactions of friends and family members, they did appear to be impacted by the supportiveness of police, especially if that support helped to address some of their concerns about participating in the case.Findings from this study expand upon prior research on survivors' experiences with SAK victim notifications and their decision-making regarding re-engagement with the criminal legal system. Despite substantial concerns regarding their safety, emotional wellbeing, and the criminal legal system itself, survivors were motivated to re-engage to prevent others from experiencing similar harm, as well as to seek justice and closure for themselves. This study has implications for future research on justice, accountability, and healing for survivors of sexual violence. Findings from the current study can also inform practice and policy related to SAK victim notifications in Detroit and other jurisdictions across the country. Results may be useful for informing the development of victim notification protocols and specialized training for investigators, as well as for policymakers and community activists seeking to enact systems change in how communities respond to sexual violence.