Illinois Law Requires Testing All Rape Kits

Amazing that other states don’t already have this requirement, and that Illinois has been so slack in processing rape kits.

Wheels Go RoundFacing criticism that physical evidence from sexual assault cases in Illinois often went unanalyzed, Gov. Patrick J. Quinn this week signed a law requiring the police to test all rape kits. State officials and victims’ advocates said it is the first such law in the nation.

Over the past year, critics had exposed a backlog of thousands of untested rape kits in Illinois, and officials said the law would send an important message.

“As a direct result of this law, we will increase the number of arrests and prosecutions of sex offenders and get them out of our communities and into prison,” said Lisa Madigan, the state’s attorney general.

On Wednesday, Human Rights Watch released a report showing that since 1995, only about 20 percent of rape kits, which contain physical evidence obtained from victims, could be confirmed as having been tested in Illinois. More than 4,000 kits had gone untested, the report found.

Testing of evidence like semen, saliva and other DNA samples can be used to identify an offender, to connect a case to another rape or to exonerate innocent suspects.

“Illinois’ failure to test DNA evidence is not only an insult to rape victims — it puts all women at risk by leaving rapists who could be identified at large, some of whom may attack again,” said Sarah Tofte, a researcher for Human Rights Watch.

The problem is widespread, with reports of thousands of untested kits in cities including Detroit and Houston.

(click to continue reading Illinois Law Requires Testing All Rape Kits to End Backlog – NYTimes.com.)

Also, who is funding this? The State of Illinois isn’t, as there isn’t any money to be had. The Federal Government has more important priorities – war, tax cuts and subsidies for Fortune 100 corporations – so talk is good, but execution will be proof.

But some worried that that language provided an out if funds were not available for tests — a distinct possibility, they said, for a state already facing a budget deficit of at least $12 billion.

Mr. Quinn said the state would apply for federal grants to test the backlog and find additional state money if necessary.

Human Rights Watch said the law could be a model for other states. “It’s a landmark piece of legislation, but there is this big loophole,” Ms. Tofte said. “The law is not going to be effective if the funding is not there.”

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