Friday, December 27, 2013

Memphis rape victim sues over backlog of 15,000 untested rape kits. Including her own.

Courtesy of Buzzfeed:  

An anonymous Memphis woman has filed a class-action lawsuit against her city for failing to test an estimated backlog of 15,000 rape kits — including her own kit from 2001. 

According to the complaint filed on Dec. 20, over the past several decades, thousands of Memphis women have reported their sexual assaults and received rape kits — or “had body fluid samples removed from their bodies and placed within sexual assault evidence kits.” But scores of those kits were sent to the Memphis Police Department and left untested, allegedly resulting in “spoliation.” 

The lawsuit was filed by a single mother who was raped multiple times in the early hours of March 30, 2001, when an intruder broke through her window and bound her arms and feet. 

The woman says she was treated at Shelby County’s Rape Crisis Center, where her samples were put into a Memphis Police Department Sexual Assault Evidence Kit. But the kit was never submitted for testing, according to the lawsuit, and the intruder was never arrested. 

Memphis has previously acknowledged its enormous backlog of rape kits, with Police Director Toney Armstrong saying in November that the department will have 12,000 unprocessed rape kits “even after an initial round of 2,226 kits is tested,” according to Memphis’ Commercial Appeal. (The department received $500,000 in September to test the kits and $1 million to build a facility to house them.) 

In an interview with the Commercial Appeal, Deputy Memphis Police Chief Jim Harvey attributed the backlog to several factors, including advances in DNA-testing technology — which meant re-testing old kits that only tested blood types — and outdated procedures, such as police using staplers to bound envelopes of evidence together, or not testing kits when the victim knew his or her attacker. He also blamed the department’s lack of record-keeping abilities on an employee who was responsible for transporting rape kits into storage. That employee has since died. 

“[There] may have been some kind of document that Hyun Kim was storing this information in, but we don’t know, because he died,” Harvey said. “And when he died, everything he knew went with him.”

And law enforcement wonders why women are so hesitant to report a rape.

Even in today's so-called "enlightened" era you will find both men and women often jumping to the assumption that "she made the whole thing up,' or "she was asking for it," or "she sent him mixed signals."

Add this to the callousness of police officers, the shaming in the courtroom, and the isolation it often causes among friends and family members, and the real surprise it that ANY woman reports their assault.

14 comments:

  1. Anonymous10:22 AM

    O/T but so worthwhile:

    A Boy Makes Anti-Muslim Comments In Front Of An American Soldier. The Soldier's Reply: Priceless.

    http://www.upworthy.com/a-boy-makes-anti-muslim-comments-in-front-of-an-american-soldier-the-soldiers-reply-priceless?c=reccon1

    ReplyDelete
  2. Anonymous10:43 AM

    So many rapes could have been easily prevented if only....

    Only in my beloved South.

    Hammer away.

    We deserve it. There is no excuse.

    Only shame.

    And guilt.

    ReplyDelete
    Replies
    1. Anonymous12:24 PM

      This is not a problem in one city, one state, or even a region. All across the USA this is going on, we only hear about it once in a while, but it is happening. The fact is we live in a culture that blames rape victims and we will in a culture where investigating rapes has a lower priority than jaywalkers.
      But you are correct, rapists don't stop with one rape, thousands of women have been raped because no one cares about getting rapists off our streets.

      Delete
    2. Anonymous2:18 PM

      And Gryphen, please highlight the excellent work that Sexual Assault Nurse Examiners (SANE) nurses do, especially those who have fought to establish free-standing sexual assault centers.

      Delete
  3. Anonymous11:09 AM

    What is wrong with our country? It's getting worse and worse.

    These rape test delays are not only occurring in Memphis! There are horrid delays in many, many cities across the nation.

    It almost sounds as though there is a concerted effort NOT to do the tests. Rape is rape and it's a horrible experience to go through. The fact men are going free because these tests are not being done appears AGAIN to be anti women.

    I'm glad this lady filed a suit and suggest more and more women across the nation do the same thing!

    ReplyDelete
    Replies
    1. Anonymous2:18 PM

      Women are not the only rape victims. Men, the elderly and children are also victims of assault.

      Delete
  4. Anonymous1:33 PM

    ...Recently, the Michigan legislature joined eight other states to pass an “Abortion Insurance Opt-Out Act” that bans private insurance companies from covering abortion services regardless that women pay for the policies themselves and no government money is involved. The bill has two purposes; enrich the insurance industry by forcing women to purchase additional coverage and economically punish them if they want abortion care covered by private policies purchased through an exchange. As is their religious practice, the Michigan bill contains no exception for cases of rape or incest, and women are forbidden from purchasing a rider if they are already pregnant.

    What the bill means for every woman in Michigan is if she is raped and becomes pregnant but has failed to purchase a separate rider for abortion coverage, her health insurance does not have to pay for the procedure and she has to pay out of pocket or give birth. It also means that in Michigan every woman is considered “pre-pregnant” because she may become pregnant at some point in her life and is required to pay more simply because she is born with a uterus.

    The Michigan law requiring all women to purchase what is tantamount to “rape insurance” is a trend 24 other states have enacted to restrict abortion coverage in private health care plans through the Affordable Care Act’s insurance exchanges. In fact, Michigan is the ninth state to place an outright ban on abortion care in private healthcare policies, and only one state allows an exception for rape. It bears repeating that these Republican laws affect women enrolled in private insurance plans paid for by the women, and there are absolutely no taxpayer dollars involved.

    http://www.politicususa.com/2013/12/27/small-government-republicans-control-womens-bodies-attack-private-health-insurance.html

    ReplyDelete
    Replies
    1. Anonymous6:21 PM

      “Abortion Insurance Opt-Out Act” this was the big lie perpetrated by the right to lifers, it is in fact an OPT-IN act for ANY abortion.
      Those republicans didn't even wait the 40 days for discussion before passing it, they even "worked late (passed after 5pm)" to do it.

      Delete
  5. Anonymous1:55 PM

    I think I know why so many go untested. I hate to sound like a broken record but at least here, it's REPUBLICAN INCOMPETENCE. They award the contract to test these kits to companies owned by relatives, donors etc. The result is a very poor job.
    In my town, it's the new tollways. OY.
    Have you ever seen a tollway with no option to pay the toll? No automatic machines to throw the coins in, no tollbooth operators, nothing?
    That's what the GOP built here.

    ReplyDelete
  6. Nothing like blaming someone who has died - typical reaction of incompetents

    ReplyDelete
  7. Anita Winecooler5:46 PM

    It's like "The perfect storm" Spoilage, cross contamination, advances in DNA testing and the inconvenient death of a coroner who didn't keep his records in order. This is a symptom of a greater problem. Certain people feel it's necessary to save money and cut corners to "balance their budgets", what they fail to see are the faces and lives behind the line items and programs that get slashed.
    Rape Trials often shame the victim for no reason at all except, it's allowed. If a woman's asleep in her own bed naked, and a rapist breaks in and rapes her, she was "Asking for it" because she was naked. Same if she was wearing provocative clothing, consumed alcohol, etc. And the perp's sexual history and sleeping habits never get mentioned. The trial is like being raped all over again while being forced to relive the violence. A couple hundred or thousand dollars is a small price to pay if it gets one rapist off the streets, proves who the rapist was and gives the victim a small measure of justice.

    ReplyDelete
    Replies
    1. Anonymous7:13 PM

      Comes down to much more basic thinking, if we don't est, we just let the statute of limitations for the crime run out. See? See how much easier that is.

      Delete
  8. Anonymous12:46 PM

    Things like this will always be individuals responsibility the government will always be the second all thought we think that government is responsible of all peace and order that is happening to a place but on the other hand we us individual will be always be the first who will act for out own safety. Always be safe bring protection with you check this out @ http://safekidzone.com/#!/page.

    ReplyDelete

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