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Fighting Sexual Violence with DNA
DNA Evidence
DNA evidence is widely called the "fingerprint of the 21st
century" and has the unequaled abilityto identify rapists and
exonerate innocent suspects. But the use of DNA evidence has not
keptpace with its potential. In the last decade, DNA evidence from
hundreds of thousands of rape andmurder cases was collected by
police but never sent to labs for analysis. As this evidencebacklog
-- one of the biggest impediments to getting rapists off the
streets -- becameoverwhelming for states and localities, RAINN
concluded that a federal solution was necessary.To help launch the
effort, RAINN led a successful national campaign to educate the
media andlawmakers about the backlog of unanalyzed DNA casework and
bring this enormous problem topublic attention. RAINN's president
and founder, Scott Berkowitz, also testified before the U.S.
Congress regarding the DNA testing backlog.
RAINN's Support for Legislation to Expand DNA Databases
The ability of the DNA database to identify criminals is
directly related to the size of "CODIS,"which is the FBI's name for
the national database that includes DNA collected from criminals
inevery state by local and state law enforcement. As the database
has grown to include DNA from4.2 million convicted criminals, the
"hit rate" (percentage of cases in which DNA found at thecrime
scene can be matched to that of a criminal in the database), has
gone up dramatically.
The next step in the effort to maximize the use of DNA evidence
to solve rape cases is to collectDNA from everyone arrested for a
felony or detained by federal authorities, just as fingerprintsare
routinely collected today. So far, at least seven states have
expanded their laws to collectDNA from felony arrestees.
States that have eliminated their casework backlog and expanded
collection of DNA are leadingthe country in the use of DNA
evidence. Once all states move to collecting DNA from all
felonyarrestees, it is estimated that the hit rate will increase to
more than 40% nationally. In otherwords, out of every 10 cases in
which the police have no suspect but do have DNA from thecrime
scene, at least four cases will be solved by searching for matching
DNA in the criminaldatabase.
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The DNA Fingerprint Act of 2005
RAINN supported enactment of the federalDNA Fingerprint Act of
2005, a measure that makesit easier to include and keep the DNA
profiles of criminal arrestees in CODIS (where suchprofiles can be
compared to crime scene evidence). By lifting legal barriers to
maintaining DNA
data from criminal arrestees, this act will make it easier for
state and federal law enforcementofficials to catch rapists,
murderers, and other violentcriminals. The measure became law in
2006 as part of the reauthorization oftheViolence Against Women
Act.
RAINN's Support forThe J ustice for All Act of 2004
RAINN worked closely with the Bush Administration, members of
Congress of both parties, andother organizations on the development
of DNA backlog elimination legislation. RAINN'spresident testified
before Congress about the backlog of untested DNA samples. RAINN
alsoadvocated for the Act's passage, with the involvement of our
grassroots base of 1,100 local
affiliates, allied organizations, and volunteers across the
nation.
This two-year effort was a great success: landmark legislation,
known as theJustice For All Actof 2004,was passed by Congress and
signed into law by President Bush. This new law, which isconsidered
the most important anti-rape legislation ever considered by
Congress, will lead tosolving as many as 57,000 open rape cases. By
taking thousands of rapists off the streets, it willlikely prevent
tens of thousands of future rapes.
Among its major provisions, this 2004 measure:
Creates theDebbie Smith DNA Backlog Grant Program and authorizes
$755 million overfive years for grants to states and local
authorities to eliminate the backlog of untestedrape evidence
kits.
Expands the criteria for inclusion of DNA profiles in the
national DNA database, andprovides funding to analyze the backlog
of DNA samples from convicted criminals.
Provides grants for training law enforcement, judges and medical
personnel on the use ofDNA analysis in sexual assault cases.
Provides funding to expand local and state witness assistance
programs and crime victimnotification programs, and extends
enhanced rights to crime victims.
Authorizes grants to state sexual assault coalitions for
programs under the ViolenceAgainst Women Act and expands VAWA to
provide legal assistance for victims ofdating violence.
Since the enactment ofThe Justice for All Act of 2004, RAINN has
called on congressionalappropriators to ensure that the DNA testing
provisions are fully funded at their authorizedlevels. With RAINN's
strong support, both houses of Congress approved $176 million for
DNAbacklog elimination in fiscal year 2007, a $68 million (or 60%)
increase over the prior year'sfederal funding level. In the current
budget climate, the support for this level of DNA funding
byappropriations leaders in both chambers is extremely
positive.
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