On September 1, a new law went into effect that requires all Illinois law enforcement agencies turn in rape kit evidence to the state crime lab. After facing criticism that physical evidence from sexual assault cases often went unanalyzed, Governor Patrick J. Quinn signed the law that compels testing of all DNA evidence gathered from reported sex crimes, the first of its kind in the nation. While the unfunded mandate is expected to result in a massive investigation of previously unexamined rape kits, advocates claim it will help solve crimes, exonerate the wrongly accused and bring closure to victims.
The Law and Its Inspiration
In most jurisdictions, what happens to physical evidence collected from sexual assault survivors who consent to a rape kit varies depending on a number of factors. Police are always expected to send critical evidence to a crime lab. But, there are many cases in which the person accused of the rape is not in question, the victim recants the story and does not want the case to be prosecuted or law enforcement officials believe that the DNA gathered cannot be legally examined. In these instances, rape kit evidence is often catalogued and stored. Under the new law, however, local authorities must submit evidence collected from a criminal investigation of a sexual assault to the state crime laboratory within 10 business days. There, testing of evidence from semen, saliva or other DNA sources can be used to help identify an offender, connect the case to another rape or exonerate innocent suspects.
Victims' advocates played a vocal role in promoting the new law. They say that survivors of sexual assault deserve assurance that the evidence will be thoroughly examined. Supporters also point out that even if the victim knows the person accused of the rape, DNA evidence can be useful in convincing a jury at trial. Additionally, officials say the law will send an important message: Lisa Madigan, the state's attorney general, claims that the new law "will increase the number of arrests and prosecutions of sex offenders and get them out of our communities and into prison."
One potential loophole in the law has some concerned, however. Once submitted to the crime lab, testing must be conducted within six months, but only "if sufficient staffing and resources are available." This could be a significant hurdle, as Illinois is already facing a budget deficit and a huge backlog in its DNA testing queue and the backlog could be exacerbated when a decision is made about what to do with previously collected evidence from thousands of cases.
Effect on Victims, and Accused
Many are viewing the new law as a huge victory for victims. The law may result in more cases being solved, and thus a resolution for victims. For those accused and convicted of sexual assault, the effect of the new law is uncertain. Though there is the possibility that examined DNA evidence could exonerate defendants who had been wrongly accused.
Some are not convinced that the new law will have much practical impact and the long-term effects of Illinois' new law remain to be seen. While there is some question about the budgetary concerns and efficacy of the new law, victim's rights groups are thrilled, and would like to see Illinois modeled in the rest of the country. If the results of the new law in Illinois are favorable, universal testing of rape kit evidence could spread nationwide.
