Press Release of Senator Cantwell

Cantwell, Maleng Say that Unanalyzed DNA Evidence Could Solve Previously Unsolved Rapes in Washington State

Wednesday, May 29,2002

SEATTLE, WA – U.S. Senator Maria Cantwell (D-WA) and King County Prosecutor Norm Maleng today called for federal support in eliminating the DNA evidence backlog in rape cases throughout the country. Cantwell and Maleng said that DNA evidence sitting on shelves throughout the country could solve previously unsolved rape cases. Cantwell also released a new report detailing how DNA evidence can help solve unsolved rape cases. “Unanalyzed DNA evidence has the potential to deliver justice to women for whom justice is long overdue,” Cantwell said. “We owe each woman who has the courage to come forward, to report her sexual assault, and to submit to a physical examination and evidence-gathering an absolute guarantee that, at a minimum, the DNA evidence collected will be analyzed and checked against databases of known sexual offenders and violent felons.” “Offenders who thought they got away with their crimes might not be sleeping so soundly these days, thanks to a forensic tool that didn’t even exist when the crime was committed,” Maleng said. “The promise of DNA as a truth-seeking justice tool is unfolding every day. The scientists at our crime lab can do so much more with so much less of a sample than a decade ago.” Cantwell also discussed her legislation to reduce the DNA evidence backlog, the Debbie Smith Act (S.2055). The legislation would fund analysis of the DNA evidence backlog in rape cases. It would also expand the use of Sexual Assault Nurse Examiners who help collect DNA evidence. Dr. Barry Logan, Director of the Washington State Patrol Crime Lab, joined Cantwell and Maleng at today’s news conference to talk about the growing importance of DNA evidence in convicting rape offenders. Under Governor Gary Locke’s leadership, the Washington state legislature earlier this year passed legislation to build a statewide felon database. The identification rate of samples from no-suspect rapes against the current database is eight percent. However, under the new database being built by the state, that rate is expected to climb dramatically. Virginia reports identification rates between forty and fifty percent. EXECUTIVE SUMMARY

This report details an opportunity to apprehend and convict more rapists in the state of Washington through the use of DNA evidence, especially in “no-suspect” rape cases. Across the country, local hospitals and police offices are filled with forensic evidence from rapes that have not been analyzed for DNA, often because there are no obvious suspects and to date resources simply have not permitted testing of all rape kits. Additionally, many DNA crime scene samples cannot be analyzed due to poor collection or handling of the evidence. No one is certain just how many untested samples are in this backlog as the samples are spread throughout the case files and evidence rooms of local police stations across the country. However, in jurisdictions that have aggressively worked to first get samples tested, and second to cross check the samples against expanding linked state databases of convicted felons’ DNA profiles, results have been dramatic. Particularly in cases of rape where no suspect existed, rates of apprehension have been as high as 25 percent. The purpose of this report is to estimate the size of the backlog in Washington state, and to propose solutions for eliminating the state backlog and to apprehend more rapists. Key Findings: · There is a huge discrepancy between the number of victims undergoing rape examinations to collect evidence and filing charges in Washington state, and the number of cases where samples sent to the state crime lab for testing. In the past five years, 17,115 cases of forcible rape have been reported to law enforcement, while DNA samples have only been sent to the lab for testing in 4,165 cases. That means that in the past five years alone at least 12,950 women in Washington state have submitted to humiliating and traumatic exams for the collection of evidence that has not been analyzed to help solve their rape.[1] · In the two years since the Washington state lab began performing DNA analysis on evidence gathered in rape cases where police had no known suspect, 348 analyses have been performed and cross-checked against the Washington state felon database. Of those 348 samples, 28 samples, or 8 percent have resulted in a match, and a rape has been solved. · If this 8 percent number is applied to the 12,950 cases where DNA analysis has not been performed, 1036 of the rapes that have occurred in Washington state in the last five years could be solved. [2] · Based on the experience of other states, Washington state’s 8 percent “cold-hit” rate is likely to increase as the state’s new law to expand the criminal database to include all convicted felons takes effect on July 1, 2002, and the number of felons in the database is increased. · The number of rapes where women undergo an initial physical examination but do not file charges is also likely to increase if more hospitals are able to implement programs taking advantage of trained Sexual Assault Nurse Examiners (SANEs), as this program helps to increase both the likelihood that a testable DNA sample of forensic evidence will be preserved, and that a victim will file charges. Key recommendations: · Fund DNA testing on the estimated 12,950 samples collected, but not tested, throughout Washington state over the past five years. · Fund additional SANE programs in Washington state and throughout the country to increase the number of cases where trained forensic examiners perform the evidence collection and provide simultaneous compassionate care to victims. · These recommendations form the backbone of S. 2055, the Debbie Smith Act, Senator Cantwell’s bill to eliminate the rape evidence kit backlog.

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[1] The number of cases where DNA analysis is not performed could be even higher as an additional 4,856 rape kits were used in Washington hospitals over the past five years where charges were not filed. The 12,950 cases where charges were filed but the evidence was not submitted for analysis also does not include sexual assaults on men or children under 12 years of age, and is limited to cases of forcible rape.

[2] This estimate presumes that testable DNA samples have been preserved in all 12,950 cases over the past five years. In fact many of these samples are probably not testable.


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Maria's Monday Memo To sign up for Maria's weekly newsletter, enter your email address: Search The Site	News Press Release of Senator Cantwell Cantwell, Maleng Say that Unanalyzed DNA Evidence Could Solve Previously Unsolved Rapes in Washington State Wednesday, May 29,2002 SEATTLE, WA – U.S. Senator Maria Cantwell (D-WA) and King County Prosecutor Norm Maleng today called for federal support in eliminating the DNA evidence backlog in rape cases throughout the country. Cantwell and Maleng said that DNA evidence sitting on shelves throughout the country could solve previously unsolved rape cases. Cantwell also released a new report detailing how DNA evidence can help solve unsolved rape cases. “Unanalyzed DNA evidence has the potential to deliver justice to women for whom justice is long overdue,” Cantwell said. “We owe each woman who has the courage to come forward, to report her sexual assault, and to submit to a physical examination and evidence-gathering an absolute guarantee that, at a minimum, the DNA evidence collected will be analyzed and checked against databases of known sexual offenders and violent felons.” “Offenders who thought they got away with their crimes might not be sleeping so soundly these days, thanks to a forensic tool that didn’t even exist when the crime was committed,” Maleng said. “The promise of DNA as a truth-seeking justice tool is unfolding every day. The scientists at our crime lab can do so much more with so much less of a sample than a decade ago.” Cantwell also discussed her legislation to reduce the DNA evidence backlog, the Debbie Smith Act (S.2055). The legislation would fund analysis of the DNA evidence backlog in rape cases. It would also expand the use of Sexual Assault Nurse Examiners who help collect DNA evidence. Dr. Barry Logan, Director of the Washington State Patrol Crime Lab, joined Cantwell and Maleng at today’s news conference to talk about the growing importance of DNA evidence in convicting rape offenders. Under Governor Gary Locke’s leadership, the Washington state legislature earlier this year passed legislation to build a statewide felon database. The identification rate of samples from no-suspect rapes against the current database is eight percent. However, under the new database being built by the state, that rate is expected to climb dramatically. Virginia reports identification rates between forty and fifty percent. EXECUTIVE SUMMARY This report details an opportunity to apprehend and convict more rapists in the state of Washington through the use of DNA evidence, especially in “no-suspect” rape cases. Across the country, local hospitals and police offices are filled with forensic evidence from rapes that have not been analyzed for DNA, often because there are no obvious suspects and to date resources simply have not permitted testing of all rape kits. Additionally, many DNA crime scene samples cannot be analyzed due to poor collection or handling of the evidence. No one is certain just how many untested samples are in this backlog as the samples are spread throughout the case files and evidence rooms of local police stations across the country. However, in jurisdictions that have aggressively worked to first get samples tested, and second to cross check the samples against expanding linked state databases of convicted felons’ DNA profiles, results have been dramatic. Particularly in cases of rape where no suspect existed, rates of apprehension have been as high as 25 percent. The purpose of this report is to estimate the size of the backlog in Washington state, and to propose solutions for eliminating the state backlog and to apprehend more rapists. Key Findings: · There is a huge discrepancy between the number of victims undergoing rape examinations to collect evidence and filing charges in Washington state, and the number of cases where samples sent to the state crime lab for testing. In the past five years, 17,115 cases of forcible rape have been reported to law enforcement, while DNA samples have only been sent to the lab for testing in 4,165 cases. That means that in the past five years alone at least 12,950 women in Washington state have submitted to humiliating and traumatic exams for the collection of evidence that has not been analyzed to help solve their rape.[1] · In the two years since the Washington state lab began performing DNA analysis on evidence gathered in rape cases where police had no known suspect, 348 analyses have been performed and cross-checked against the Washington state felon database. Of those 348 samples, 28 samples, or 8 percent have resulted in a match, and a rape has been solved. · If this 8 percent number is applied to the 12,950 cases where DNA analysis has not been performed, 1036 of the rapes that have occurred in Washington state in the last five years could be solved. [2] · Based on the experience of other states, Washington state’s 8 percent “cold-hit” rate is likely to increase as the state’s new law to expand the criminal database to include all convicted felons takes effect on July 1, 2002, and the number of felons in the database is increased. · The number of rapes where women undergo an initial physical examination but do not file charges is also likely to increase if more hospitals are able to implement programs taking advantage of trained Sexual Assault Nurse Examiners (SANEs), as this program helps to increase both the likelihood that a testable DNA sample of forensic evidence will be preserved, and that a victim will file charges. Key recommendations: · Fund DNA testing on the estimated 12,950 samples collected, but not tested, throughout Washington state over the past five years. · Fund additional SANE programs in Washington state and throughout the country to increase the number of cases where trained forensic examiners perform the evidence collection and provide simultaneous compassionate care to victims. · These recommendations form the backbone of S. 2055, the Debbie Smith Act, Senator Cantwell’s bill to eliminate the rape evidence kit backlog. -------------------------------------------------------------------------------- [1] The number of cases where DNA analysis is not performed could be even higher as an additional 4,856 rape kits were used in Washington hospitals over the past five years where charges were not filed. The 12,950 cases where charges were filed but the evidence was not submitted for analysis also does not include sexual assaults on men or children under 12 years of age, and is limited to cases of forcible rape. [2] This estimate presumes that testable DNA samples have been preserved in all 12,950 cases over the past five years. In fact many of these samples are probably not testable.
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