Caten, Reilly; Valentine, Julie; Miles, Leslie (Brigham Young University)
Faculty Advisor: Valentine, Julie (Brigham Young University, Nursing); Leslie, Miles (Brigham Young University, Nursing)
In the United States, there is a push to mandate submission and testing of all sexual assault kits. A typically-overlooked benefit of testing sexual assault kits is the exoneration of wrongfully accused suspects. Sexual assault kits include DNA samples from the victim of sexual assault, and occasionally are submitted with DNA samples collected from the identified suspect for comparison. Inclusion of suspect samples is beneficial because it can lead to a DNA match with samples collected from the victim or exclude the suspect as the source of DNA. For a sexual assault kit to meet the criteria for "excluded the suspect" a DNA profile had to be developed from analysis of the sexual assault kit evidence which excluded the named suspect with submitted DNA sample.
A large retrospective study of 2,727 sexual assault kits with completed DNA analysis found 66 cases in which DNA findings excluded the suspect. Findings will be presented on descriptive data on cases in which the named suspect was excluded: relationship between victim and suspect, victim loss of consciousness/awareness at time of assault, alcohol/drug use during the assault, suspected drug-facilitated sexual assault, and multiple perpetrator sexual assault. Each of these cases excluding a suspect represents an individual who was erroneously identified, but DNA analysis findings excluded the identified suspect.
Testing sexual assault kits uses science to aid in the establishment of justice. Sexual assault kit testing transcends accusations and labeling to provide factual evidence supporting the claims of the innocent, whether they are identified as victim or suspect. Additionally, the liberation of an unjustly accused suspect promotes the correct identification and conviction of the responsible perpetrator. Thus, mandated testing of sexual assault kit promotes justice for victims of sexual assault and innocent suspects alike.