On behalf of Anaya-McKedy, P.C. posted in Sex Crimes on Saturday, February 16, 2013.
In the past we shared a post about controversy regarding rape kits in Colorado and how they are not all tested. Debate about the lack of testing continues, with House Rep. Frank McNulty pushing a bill that would require that all kits be sent to labs for testing.
When someone reports that she’s been sexually assaulted it is common procedure that DNA evidence is collected from her. The point behind such testing is to try to be able to identify the possible aggressor by matching the new DNA sample to a sample already within the system database.
Supporters of the legislative proposal to test all rape kits are upset to find out that so many kits have been going untested through areas in Colorado. In Colorado Springs, for example, the department reports that only about 28 percent of its rape kits that were collected were actually tested. They worry that sex offenders are getting away with their crimes because of the neglected kits and that victims are essentially being victimized again due to untested kits.
There are those, however, who address that there’s some logic to why officials wouldn’t test all kits. In some cases, they argue, the supposed attacker is known by the victim. In other cases, it is the husband who is accused of rape.
If McNulty’s proposal gets passed, it would mean that all rape kits, regardless of circumstance, would be tested by the Colorado Bureau of Investigation. Supporters of the measure don’t care how much it might cost if the change could help identify more rape suspects.
Our Colorado criminal defense attorneys have experience defending our clients against allegations of sexual assault.
Source: KOAA, “5 Uncovers: Sexual assault kits not being tested,” Eric Ross, Feb. 13, 2013