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In Our View: State’s action on rape-kit backlog long overdue

The Columbian
Published: May 8, 2019, 6:03am

For too long, rape victims in Washington have often been met with institutional indifference. The state has an estimated backlog of 10,000 untested rape evidence kits, leaving victims without justice and leaving perpetrators free to commit more crimes.

Now, the state is taking much-needed steps to remedy this unconscionable situation.

Gov. Jay Inslee has signed a bill calling for the development of a high-speed testing lab in Vancouver, increased staffing, and new procedures designed to eliminate the backlog by the end of 2021. And the two-year state operating budget passed during this year’s legislative session dedicates more than $10 million to the process.

House Bill 1166 (co-sponsored by Vancouver Democrats Sharon Wylie and Monica Stonier) passed both chambers of the Legislature by unanimous vote, but Rep. Tina Orwall, D-Des Moines, deserves much of the credit for driving attention regarding the backlog. Bills sponsored by Orwall in 2015 and 2017 required the testing of all rape kits if the survivor agreed; established a statewide tracking system; and created a task force to focus on the issue. Now, Orwall describes this year’s bill as the “big fix.”

In the process, Washington joins several states in addressing outrageous oversights. End the Backlog, a national advocacy group founded by actress Mariska Hargitay, has brought attention to the fact that many states allow evidence kits to languish in storage rooms for years or decades. Recently, Oregon officials announced that they had cleared what once was a backlog of about 5,000 kits; we look forward to a similar announcement from Washington in the coming years.

“Not only does this help the current survivors, but it lets anyone . . . that’s been sexually assaulted know they can come forward and that we’re going to take this seriously, we’re going to support them through this process,” Orwall said.

That support is essential for victims of any heinous crime. In the case of sexual assault, survivors often feel they have been victimized twice — once by the perpetrator and once by an inattentive system. Rape victims deserve to know their cases are being vigorously pursued and that justice is a priority for the state, not something to leave on the shelf.

The testing of rape kits has proven to be an effective way to send that message. Evidence from kits will automatically be uploaded into the FBI’s Combined DNA Index System, and history shows that DNA from roughly one in four kits finds a match in that national database.

In one recent case, a Florida man was arrested for the 2006 rape of a 12-year-old girl in Seattle. “We tested it in December and in February there were cuffs on the guy,” said Capt. Monica Alexander of the Washington State Patrol. “It’s mind-boggling to think about the opportunity we have here to stop crime in our communities.”

To take advantage of that opportunity, the Washington State Patrol will hire eight forensic scientists at the Vancouver lab, along with a lab technician, a property and evidence custodian and additional staff. It adds up to a prudent expenditure of taxpayer dollars that will provide necessary attention to victims and help get repeat offenders off the streets. Justice delayed is justice denied.

As Orwall explained: “It’s really the state standing up and apologizing: ‘We’re sorry we let you down.’ But by moving this bill and taking the actions we’re taking, we’re going to make sure it never happens again.”

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