City Government

New Law to End California’s Rape Kit Backlog

Published

11 years ago

January 21, 2014

Assemblymember Nancy Skinner (D-Berkeley) on Tuesday announced that she is introducing legislation to address the backlog of untested rape kits held in law enforcement agencies and forensic labs in California.

“We are here to make it clear that rape kits must be tested,” said Skinner, speaking at a press conference in front of the state building in Oakland.

Among those who spoke at the press conference were Alameda County District Attorney Nancy O’Malley, Sandra Henriquez, Executive Director of the California Coalition Against Sexual Assault and Assemblymember Rob Bonta.

“To not test them is a second assault on the victim and can leave a perpetrator on the streets to offend again,” said Skinner.

She said part of the reason there is a backlog stems from a lack of funding for some crime labs, a breakdown of communication between law enforcement and crime labs, and a failure to have procedures in place to process the kits.

Currently, there is no comprehensive data on the exact number of unprocessed rape kits in California. The bill, AB 1517, would specify timelines for testing rape kits and entering DNA profile information into the Combined DNA Index System, a national database.

Police would turn over rape kit evidence to crime labs within five days wherein the crime lab must have the rape kits tested within 30 days.

In 2008, the Los Angeles Police Department and the Los Angeles Sheriff’s Department had a combined total of more than 12,000 untested rape kits in their custody. In 2012, Alameda County estimated their backlog of untested rape kits to be 1,900. According to Human Rights Watch, an advocacy organization, the national backlog is estimated to be around 400,000 untested rape kits.

“This legislation will provide justice to survivors of sexual assault by testing evidence collected during an invasive physical examination and using that evidence to capture and prosecute their assailants,” said District Attorney O’Malley.

“Our efforts must address the backlog throughout the state and the nation and this legislation serves as a vital step toward that goal,” she said.

Under California law, the Sexual Assault Victims’ DNA Bill of Rights identifies DNA as a tool for identifying and prosecuting sexual assault offenders. The DNA evidence is collected during a physical exam that can take up to six hours, and is compiled in the rape kit.

“It’s a retraumatization to be powerless to the rape itself and to be completely helpless in the system that is intended to protect and serve justice,” said Heather Marlowe, whose rape kit sat untested for two-and-a-half-years after being drug-raped in San Francisco on May 16, 2010. “This is a public emergency that needs to be addressed.”

At the crime lab, a DNA profile can be created, if enough DNA evidence is found, and uploaded into a national DNA database. While DNA can help identify unknown offenders, many sexual assaults are committed by persons known to the victim. Therefore, identity is not an issue in most sexual assaults, but can still affect the outcome of a conviction.

“We’ve got to test all the rape kits to prevent attackers from raping again even if it’s a known assailant,” said Skinner. “New York City implemented the policy of testing rape kits immediately and their arrest rate for rapes jumped from 40 percent to 70 percent. Nationally, the arrest rate is at 24 percent.”

Since 2010, only Colorado, Illinois and Texas enacted legislation that requires both the submission of sexual assault kits to crime labs within a time period and establishes tracking methods.

While legislators work to erase California’s backlog of rape kits, Oakland Police Department still has untested evidence from more than 300 homicide cases dating back years. In 2012, OPD solved 28 percent of the homicides in the city.

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Oakland Post: Week of December 25 – 31, 2024

The printed Weekly Edition of the Oakland Post: Week of December 25 – 31, 2024

Published

1 day ago

December 26, 2024

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Bay Area

Glydways Breaking Ground on 14-Acre Demonstration Facility at Hilltop Mall

Glydways has been testing its technology at CCTA’s GoMentum Station in Concord for several years. The company plans to install an ambitious 28-mile Autonomous Transit Network in East Contra Costa County. The new Richmond facility will be strategically positioned near that project, according to Glydways.

Published

3 days ago

December 24, 2024

Oakland Post

Image of planned Richmond facility courtesy of Glydways.

The Richmond Standard

Glydways, developer of microtransit systems using autonomous, small-scale vehicles, is breaking ground on a 14-acre Development and Demonstration Facility at the former Hilltop Mall property in Richmond, the Contra Costa Transportation Authority (CCTA) reported on social media.

Glydways, which released a statement announcing the project Monday, is using the site while the mall property undergoes a larger redevelopment.

“In the interim, Glydways will use a portion of the property to showcase its technology and conduct safety and reliability testing,” the company said.

The new Richmond development hub will include “over a mile of dedicated test track, enabling Glydways to refine its solutions in a controlled environment while simulating real-world conditions,” the company said.

Visitors to the facility will be able to experience on-demand travel, explore the control center and visit a showroom featuring virtual reality demonstrations of Glydways projects worldwide.

The hub will also house a 13,000-square-foot maintenance and storage facility to service the growing fleet of Glydcars.

“With this new facility [at the former Hilltop Mall property], we’re giving the public a glimpse of the future, where people can experience ultra-quiet, on-demand transit—just like hailing a rideshare, but with the reliability and affordability of public transit,” said Tim Haile, executive director of CCTA.

Janet Galvez, vice president and investment officer at Prologis, owner of the Hilltop Mall property, said her company is “thrilled” to provide space for Glydways and is continuing to work with the city on future redevelopment plans for the broader mall property.

Richmond City Manager Shasa Curl added that Glydways’ presence “will not only help test new transit solutions but also activate the former Mall site while preparation and finalization of the Hilltop Horizon Specific Plan is underway.

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Alameda County

Last City Council Meeting of the Year Ends on Sour Note with Big Budget Cuts

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

Published

3 days ago

December 24, 2024

Oakland Post

Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.

By Magaly Muñoz

In the last lengthy Tuesday meeting of the Oakland City Council for 2024, residents expressed strong opposition to the much needed budget cuts before a change in leadership was finalized with the certification of election results.

Oakland police and fire departments, the ambassador program, and city arts and culture will all see significant cuts over the course of two phases.

Phase 1 will eliminate two police academies, brown out two fire stations, eliminate the ambassador program, and reduce police overtime by nearly $25 million. These, with several other cuts across departments, aim to save the city $60 million. In addition, the council simultaneously approved to transfer restricted funds into its general purpose fund, amounting to over $40 million.

Phase 2 includes additional fire station brownouts and the elimination of 91 jobs, aiming to recover almost $16 million in order to balance the rest of the budget.

Several organizations and residents spoke out at the meeting in hopes of swaying the council to not make cuts to their programs.

East Oakland Senior Center volunteers and members, and homeless advocates, filled the plaza just outside of City Hall with rallies to show their disapproval of the new budget plan. Senior residents told the council to “remember that you’ll get old too” and that disturbing their resources will only bring problems for an already struggling community.

While city staff announced that there would not be complete cuts to senior center facilities, there would be significant reductions to staff and possibly inter-program services down the line.

Exiting council member and interim mayor Bas told the public that she is still hopeful that the one-time $125 million Coliseum sale deal will proceed in the near future so that the city would not have to continue with drastic cuts. The deal was intended to save the city for fiscal year 2024-25, but a hold up at the county level has paused any progress and therefore millions of dollars in funds Oakland desperately needs.

The Coliseum sale has been a contentious one. Residents and city leaders were originally against using the deal as a way to balance the budget, citing doubts about the sellers, the African American Sports and Entertainment Group’s (AASEG), ability to complete the deal. Council members Reid, Ramachandran, and Gallo have called several emergency meetings to understand where the first installments of the sale are, with little to no answers.

Bas added that as the new Alameda County Supervisor for D5, a position she starts in a few weeks, she will do everything in her power to push the Coliseum sale along.

The city is also considering a sales tax measure to put on the special election ballot on April 15, 2025, which will also serve as an election to fill the now vacant D2 and mayor positions. The tax increase would raise approximately $29 million annually for Oakland, allowing the city to gain much-needed revenue for the next two-year budget.

The council will discuss the possible sales tax measure on January 9.