It’s an encouraging sign that law enforcement agencies, in Hawaii and nationwide, are paying more attention to the interests of sexual assault victims who seek timely and thorough investigation of their cases.
Most recently, the increased scrutiny of the handling of sexual assault evidence collection kits, aka rape kits, has led to critical reforms in Hawaii.
But as pointed out in Star-Advertiser reporter Sophie Cocke’s Oct. 12 story, there is more to do.
National experts on sexual assault investigations expressed concern that the chain of custody of rape kits — an essential element in establishing that the kits have not been tampered with — may have some weak links in Honolulu.
It’s a valid concern. A defect in the chain, such as improper storage or lack of security, can allow a defense attorney to challenge the validity of the evidence contained in the kits — hard-won evidence gathered through a thorough medical examination of an already traumatized victim of sexual assault.
On Oahu, the Sex Abuse Treatment Center (SATC) holds the kits it uses at the Kapiolani Medical Center for Women and Children, rather than sending them to law enforcement for storage.
This system raises some chain-of-custody questions:
>> Who has access to the area where the kits are stored?
>> Are the kits held in rooms that meet the strict standards for evidence labs, including proper climate control?
>> Is the record-keeping sufficiently rigorous to withstand challenge in court?
In a written statement, Adriana Ramelli, executive director of SATC, offered assurances that kits are “properly stored in a secure and safe area” and that procedures are in place to turn kits over to law enforcement “if and when a survivor decides to pursue legal action.”
That’s all well and good, but there is still room for improvement.
A single storage facility applying uniform standards could reduce the risk of chain of custody problems. The Honolulu Police Department, with its long experience in handling all kinds of evidence, is a logical choice.
Kits containing evidence from survivors who don’t pursue legal action still have value; the evidence may lead to other cases, help identify serial rapists or even exonerate those unjustly accused.
Protecting the integrity of the evidence so it can be sent to labs for testing should be a law enforcement priority.
That’s why it’s also disturbing to learn that hundreds of untested kits stored by HPD have been destroyed over the years, according to a report last week by Hawaii News Now.
Michelle Yu, a spokeswoman for HPD, said that “generally speaking,” evidence may be released
after a case has been adjudicated, after prosecutors or investigators authorize its release, or the statute of limitations has expired.
The state and HPD should consider the example of the Survivors’ Bill of Rights of 2016, a rare bipartisan effort by Congress that was signed into law by President Barack Obama on Oct. 7.
Among other provisions, it spells out how long a kit must be preserved: “for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter.”
It also provides that the sexual assault survivor will receive notice that the kit will be destroyed and the ability to preserve the kit or its probative contents beyond the fixed time limit.
Act 207, passed this year by the state Legislature, has led to county police departments taking inventory of their untested rape kits. The state Attorney General, pursuant to Act 207, will prepare a report to the Legislature that will recommend improvements in the process of handling rape kits, including how they should be tracked and stored, as well as how victims should be notified.
The AG’s recommendations, while balancing the immediate needs of law enforcement and the financial costs, should weigh in favor of sexual assault victims, to ensure that the full force of the law is brought to bear in protecting them.
