California Legislature—2013–14 Regular Session

Assembly Joint Resolution No. 45

Introduced by Assembly Member Skinner

April 10, 2014

Assembly Joint Resolution No. 45—Relative to sexual assault forensic exams.

LEGISLATIVE COUNSEL’S DIGEST

AJR 45, as introduced, Skinner. Sexual assault forensic exams: federal funding.

This measure would urge the Congress of the United States to approve President Obama’s proposal to provide $35 million to the states in order for the states to process evidence from sexual assault forensic exams.

Fiscal committee: no.

WHEREAS, Sexual violence continues to plague our nation
and destroy lives, and all members of society are vulnerable to this
crime regardless of race, age, gender, ability, or social standing,
but some groups are especially at risk; and

WHEREAS, Women and girls are the vast majority of victims,
and nearly one in five women, or about 22 million, have been raped
during their lifetimes; and

WHEREAS, Men and boys are also at risk, and one in 71 men,
or about 1.6 million, have been raped during their lifetimes; and

WHEREAS, Women of all races are targeted, but some are more
vulnerable than others. Thirty-three and one-half percent of
multiracial women and 27 percent of American Indian and Alaska
Native women have been raped, compared to 15 percent of
Hispanic women, 19 percent of non-Hispanic white women, and
22 percent of African American women; and

WHEREAS, Young people are especially at risk, with nearly
one-half of all female rape survivors being raped before 18 years
of age, and over one-quarter of male rape survivors being raped
before 10 years of age. College students are particularly vulnerable,
with one in five women being sexually assaulted while in college;
and

WHEREAS, Repeat victimization is common: over one-third
of women who were raped as minors are also raped as adults; and

WHEREAS, Survivors of sexual assault deserve competent and
compassionate care; and

WHEREAS, Effective collection of forensic evidence is of
paramount importance to successfully prosecuting sex offenders,
as is performing sexual assault forensic exams in a sensitive,
dignified, and victim-centered manner; and

WHEREAS, Sexual assault forensic examinations are intrusive,
lengthy, and complex medical examinations that take an average
of three to four hours; and

WHEREAS, A victim who agrees to a sexual assault forensic
exam reasonably expects evidence collected from that exam, also
referred to as a rape kit, to be analyzed. Untested evidence from
a sexual assault forensic exam means lost opportunities to develop
DNA profiles, search for matches, link cold cases, and bring justice
and resolution to the victim; and

WHEREAS, DNA can help identify unknown offenders, but
most sexual assaults are committed by persons known to the victim,
and, therefore, identity of the offender is not an issue in most sexual
assault cases. However, testing evidence from a sexual assault
forensic exam in those cases still has evidentiary value because a
DNA profile from the known suspect can yield matches with other
cases in which the suspect is unknown, resulting in “cold hits”
connecting the known suspect to other crimes; and

WHEREAS, Tens of thousands, and possibly over 100,000,
rape kits are likely sitting unprocessed in California crime labs
and law enforcement evidence lockers; and

WHEREAS, There is no statewide data, but local studies provide
insight into the scope of the problem. In 2008, Los Angeles County
had more than 12,000 untested rape kits in its custody, and in 2012,
Alameda County estimated their backlog of untested rape kits to
be almost 2,000; and

WHEREAS, Delays in testing evidence collected from a sexual
assault forensic exam can also preclude criminal charges from ever
being filed against alleged rapists who are identified long after
their crimes. Current state law provides a 10-years statute of
limitation for most rape cases, but has an exception allowing
criminal charges to be filed within one year of the date when a
suspect is conclusively identified in cases involving DNA evidence,
as long as the DNA is analyzed within two years of the crime; and

WHEREAS, Failure to test evidence collected from a sexual
assault forensic exam in a timely manner can be tragic, from
expired statutes of limitation that preclude prosecution even if a
suspect is later identified, to additional rape and murder victims
of serial rapists; and

WHEREAS, Local jurisdictions that have implemented
mandatory testing policies for evidence collected from a sexual
assault forensic exam have impressive results to show for their
efforts. New York City tested 17,000 backlogged rape kits in 2003
and implemented a policy to test every rape kit in law enforcement
custody, which led to 2,000 DNA matches, 200 cold case
prosecutions, and an increase in the arrest rate for the crime of
rape from 40 percent to 70 percent, compared to 24 percent
nationally. Detroit, Michigan began testing a backlog of over
11,000 untested rape kits, and has tested 1,404 kits resulting in
238 hits in the Combined DNA Index System (CODIS). These
CODIS matches have identified 46 potential serial rapists who are
tied to rapes reported in 12 other states and the District of
Columbia. In 2003, Fort Worth, Texas began processing their
backlog, which led to 200 DNA matches in CODIS, and to 47
arrests, 36 felony convictions, and the apprehension of five serial
rapists; and

WHEREAS, Federal studies demonstrate that crimes labs have
struggled over the past decade to meet the demand for DNA testing
for all types of crimes. Crime labs were able to process 10 percent
more cases in 2011 than in 2009, but they also received 16.4
percent more requests for DNA testing in that time. With demand
continuing to outpace capacity, the backlog in testing evidence
collected from sexual assault forensic exams may continue to grow;
and

WHEREAS, Processing evidence collected from a sexual assault
forensic exam is not enough, because when jurisdictions process
large volumes of evidence collected from a sexual assault forensic
exam, they also need the resources to follow up on the leads, which
requires trained detectives, victim advocates, and prosecutors
available and willing to work together to pursue the new cases;
and

WHEREAS, California is committed to enacting systematic
reforms to address, once and for all, the backlog of evidence
collected from a sexual assault forensic exam through the
combination of new screening techniques that have been proven
by the state crime laboratory, which is operated by the Department
of Justice, greater resources for law enforcement agencies, and a
cooperative effort to provide justice to all survivors of sexual
assault. Federal funding is crucial to help California put these new
initiatives in place to address this problem; now, therefore, be it

Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature urges the United States
Congress to approve President Obama’s proposal to provide $35
million to the states in order for the states to process evidence from
sexual assault forensic exams; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, to the
Majority Leader of the Senate, to each Senator and Representative
from California in the Congress of the United States, and to the
author for appropriate distribution.