WASHINGTON – In 2013, advocates for victims of sexual assault celebrated Congress passing the Violence Against Women Reauthorization Act. But since then, the Department of Justice has yet to implement provisions of the law that could reduce long wait times for conviction of assailants.
“It is our hope that DOJ will complete implementation of (the Sexual Assault Forensic Evidence Reporting Act) as soon as possible,” wrote Sen. Michael Bennet, D-Colo., in a letter to Attorney General Loretta Lynch along with Sen. John Cornyn, R-Texas, on Monday. “We must help local law enforcement reduce backlogs of rape kits and bring criminals to swift justice. Victims of sexual assault should not have to wait unnecessarily for justice.”
The SAFER Act would improve national reporting of rape data through the FBI’s Combined DNA Index System (CODIS) so that law enforcement can more aggressively address the DNA backlog.
Maura Doherty Demko, executive director of Sexual Assault Services Organization in Durango, said while there is currently no backlog of kits for testing in Durango, implementation of the law would have tremendous benefits.
“There’s nothing simple about prosecuting sexual assault,” Doherty Demko said, describing how defense attorneys can tie up the process for more than a year.
She cited a case from 2009, which wasn’t prosecuted at the time, but that SASO submitted data for. Six years later, the perpetrator was picked up for another offense in a different jurisdiction, and the FBI’s DNA Index System was able to notify SASO of a positive match through DNA evidence.
“That can be really healing for someone because it acknowledges the truth of what they’ve come forward with,” Doherty Demko said.
As it is now, the law allows law enforcement to burn kits that have been awaiting testing for more than two years. But while they haven’t burned any kits in the area, it usually still takes the Colorado Bureau of Investigations up to six months to process reports.
“We’re getting better at it,” Doherty Demko said. “But we still have a long way to go.”
One reason for Durango’s absence of a backlog may be that in 2013 Colorado became one of seven states to enact its own laws mandating testing of sexual assault kits.
In Washington, the issue comes down to funding.
Rebecca O’Connor, vice president of public policy for the Rape Abuse and Incest National Network, said there is broad language in the current legislation that allows the Justice Department to use its funding allocations through the bill for other purposes.
She added: “(It) looks like we have great forward momentum in bipartisan congressional support. We’re glad to see lawmakers who worked very hard to get this passed aren’t easing up and want to see that promise fulfilled.”
mbaksh@durangoherald.com. Mariam Baksh is a student at American University in Washington, D.C., and an intern for The Cortez Journal.