There has been a lot of sexism watching going on during this election, and from Hillary Clinton to Michelle Obama to Sarah Palin there's definitely no shortage of material. But we thought we'd change things up a little, so we've started doing a Joe Biden feminism watch. Today was our second installment, on last week's Senate reauthorization of the Debbie Smith Act.
Last week, the Senate passed the Debbie Smith Reauthorization Act of 2008 . The original law , authored by Senator Biden, was set to expire next year. The law "standardizes the evidence collection of kits for sexual assaults, making it easier to enter the information into state and national databases" and provides funding to forensic labs to "process the DNA evidence and compare the DNA samples with those taken from criminals". From the statement released by Senator Biden:
It is estimated that 40 percent of the unsolved rape cases could be solved by taking the DNA sample collected after a sexual assault and comparing it to the existing DNA databases of convicted felons and rapists. The U.S. Department of Justice has estimated that there are at least 221,000 rape kits currently on the shelves in evidence lockers, untested and gathering dust. The Debbie Smith Grant Program has helped alleviate some of the backlog and has expanded testing to solve more crimes, but much more needs to be done.
"If there's a rape kit left sitting on a shelf, there's a victim without justice. This program must be kept alive until the backlog numbers total zero," said Senator Biden . "It is unconscionable that we have the ability to solve these crimes and hold the perpetrators responsible, but because of red tape and lack of funding, the criminals are free and their victims continue live in fear. In the past five years, we've made headway in the backlog, but we still have a long road to go before it is eliminated."
After holding Judiciary Committee hearings on the backlog of rape kits waiting to be tested, Sen. Biden introduced and Congress passed the Advancing Justice Through DNA Act in 2004 to help states eliminate their DNA backlog and allow law enforcement greater leeway to indict unnamed individuals using their DNA profile.
The bill was named for Debbie Smith, a Virginia woman who was raped near her home in 1989 and lived in fear until a crime laboratory discovered a DNA match between the rape scene evidence and a State prisoner's DNA sample. That match gave Mrs. Smith her first moment of real security and closure, and since then she has traveled the country to advocate on behalf of assault victims and champion the use of DNA to fight sexual assault.
When the Debbie Smith Act was first introduced in 2003, the Lifetime TV network collected more than 110,000 signatures on a petition in support of it, which was delivered to Congress by Debbie Smith herself . Smith was attacked in her home by a rapist who threatened to come back and kill her if she told anyone what had happened. Although she followed all of the proper procedures and had a rape kit done right away, she had to wait six years for her rape kit to be analyzed. When it was finally processed, DNA evidence from the kit led to the conviction of her rapist, who was already in prison for another crime.
"Each one of these stalled cases represents women's lives," says Debbie Smith. "Many women are paralyzed after an attack because their rapist is still out there, and you never know if he's going to come back." Smith's emotional testimony moved many Washington lawmakers to tears — and action...Today, Smith travels the country lobbying for the use of DNA-matching technology — and the law created in her name. She wants other women to experience the closure she has spent so many years working toward. "Whenever I have to deal with my attack again, I know that I'm going to have [another] nightmare," she says. "I know this is never going to be OK and I'm never going to forget, but at least I know I'm making something good out of something so terrible."
Here are the specifics on what the Debbie Smith Reauthorization Act of 2008 contains:
- $151 million per year for the Debbie Smith DNA Backlog Grant Program to eliminate the current backlog of unanalyzed DNA samples in the nation’s crime labs. This money will provide federal grants to state and local governments over the next six years for DNA analysis of unprocessed evidence in rape cases
- $12.5 million per year for the DNA Sexual Assault Justice Act help local law enforcement agencies put the DNA profiles of convicted felons into state and national databases. It also provides training grants to help ensure that nurses, police and paramedics know how to best collect and preserve DNA evidence in sexual assault cases; and
- $30 million per year for the Sexual Assault Forensic Exam Grants to ensure that there are trained and equipped personnel to assist with the treatment and examination of sexual assault victims, including Sexual Assault Nurse Examiners (SANE) and Sexual Assault Forensic Examiners (SAFE).
Providing funding for rape kits? Making programs that combat violence against women a priority? There's definitely only one VP candidate you'll hear that from in this election. And on that note, we'll end with a quote from Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee and a strong supporter of this law, who also released a statement last week on the reauthorization:
"I want to make one point on the issue of rape kit testing, which this legislation does so much to promote and which Debbie Smith has worked so hard to make available for all victims of horrendous attacks. No victim should ever be required to pay the cost of a rape kit . Collecting and testing evidence from serious crimes is a responsibility our government and our community bears, and it should never be seen as a revenue source for cities and towns. It appalls me that any official in any community would condone such a practice, and I hope it will stop."
[cross-posted from Evil Slutopia , where you can follow the Joe Biden Feminism Watch as it continues all month.]
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Yay Biden! This man has done such good things for women and he's been practically ignored during this Palin malarky. There should definitely be more attention on him.
I thought it was a good idea to look tough on crime? We sink all this money into a war on drugs, but we can't pay to process rape kits? What would make society a better place, marijuana users in jail or rapists in jail? These kinds of funding issues make me so frustrated. Go Joe Biden.
I will cheer at my TV if he brings this up during the debate. Feminists for Biden!
Quite the contrast from Palin's view on rape kits, apparently!
Although I have to wonder: why does this need to be done at the Federal level? Any effort or spending on their part directly represents a failure on the part of states to carry out their own duties, and it's not as though the Federal government has more money than the states, since both ultimately tax the same people!
We definitely need more politicians -- and people in general -- to care about unsolved rape cases. It's the kind of issue that most people don't even think about until it happens to someone they know. But that's not a good excuse for letting those rape kits go untested.
Just the other day, I read about a local woman whose rape case was finally solved 20 years after the fact. Her comments were similar to Ms. Smith's about feeling like her life was on hold until she found out the results.
Alice,
While I'm not denying that the states should do their part, since the biggest database is federal, it does make sense for them to shoulder some of the burden. Plus, some of these kits may come from federal jurisdictions (i.e., national parks, reservations, military bases or former military bases, etc.)
Well, obviously federal cases should be funded by the federal government. If it was the FBI who was saying they didn't have the money to test all their kits, there would be no question where the money should come from.
But since law enforcement is primarily a state issue, I think we should remember that every one of these rape victims is a citizen, not only of America, but of the state in which they reside, and so because this is state-level territory, bills like these should be handled, and funded, by state governments.
The careless expansion of Federal jurisdiction is part of many present problems. The Drug War, for instance, which saps so many billions of dollars from more pressing concerns, like, say, untested rape kits. If it took an amendment for the Feds to ban alcohol, it should likewise have taken another one for them to ban marijuana or cocaine, not to mention any number of other things they do these days.
6 years to have her kit tested? Isn't the Statute of Limitations on Rape only 5 years? Isn't that for the purpose of a speedy investigation, both for the sake of the victim, and also for possible innocent suspects? Why is not more obvious how completely twisted that is?
Anyway, yay, Biden! Thanks for being the rich White dude that actually cares about women.
It's so nice to read things like this about Biden. He's not perfect but for me, it really says something about a man's character when he not only cares so much about victims of sexual assault but is also (rightly) outraged when others don't. It means a lot to me and makes me feel even better about having him on the ticket.
ESPECIALLY in comparison to Palin. Sorry, Repubs, I'll take the old(ish) guy who actually has feminist views over the young(er) woman who totally doesn't but insults my intelligence by pretending to.
Alice - if the state isn't protecting its citizens' rights, that's when the federal govt. steps in.
Alice commented at October 1, 2008 12:39 PM: "But since law enforcement is primarily a state issue, I think we should remember that every one of these rape victims is a citizen, not only of America, but of the state in which they reside"
What about the ones who reside in the District of Columbia, Puerto Rico, Guam, etc.?
miss.meshuganer commented at October 1, 2008 2:59 PM: "It's so nice to read things like this about Biden. He's not perfect but for me, it really says something about a man's character when he not only cares so much about victims of sexual assault but is also (rightly) outraged when others don't. It means a lot to me and makes me feel even better about having him on the ticket."
Yes, great points!