Rape kit never tested by authorities?

#1
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RobsPics

6/12/2016 NEVER FORGET
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#1
I just watched a piece on CNN that says one of the rape victims went to hospital the day after the rape, and had a rape kit procedure done. But the authorities in charge never tested it. Has anyone read anything similar? This is the first I am reading about this which seems very damning.
 
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#2
#2
RobsPics said:
I just watched a piece on CNN that says one of the rape victims went to hospital the day after the rape, and had a rape kit procedure done. But the authorities in charge never tested it. Has anyone read anything similar? This is the first I am reading about this which seems very damning.
Click to expand...

I have no knowledge of this particular case.
However, it is common knowledge that there is a national backlog of test kits. The cause is lack of funds and resources.
Not sure if this is the case here but hope it helps.
 
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#8
#8
So by authorities does that mean by University or police investigators. If its detectives and officers then I dont see how that is damning to the University of Tennessee.
 
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#9
#9
DeepSpringsVol said:
So by authorities does that mean by University or police investigators. If its detectives and officers then I dont see how that is damning to the University of Tennessee.
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It was a Knox County District Attorney General.....female...Charme Allen.
 
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#10
#10
DeepSpringsVol said:
So by authorities does that mean by University or police investigators. If its detectives and officers then I dont see how that is damning to the University of Tennessee.
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The CNN story said "campus authorities". I don't know if that means campus police, or hospital officials, or something else...

It also said the District Atty knew about the allegations, but never demanded the have the rape kit tested. The story also suggested the DA was influenced by UTN to turn a blind eye to the allegations.
 
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#11
#11
RobsPics said:
The CNN story said "campus authorities". I don't know if that means campus police, or hospital officials, or something else...

It also said the District Atty knew about the allegations, but never demanded the have the rape kit tested. The story also suggested the DA was influenced by UTN to turn a blind eye to the allegations.
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What evidence can be gathered by processing a rape kit?
 
#12
#12
Iam4utalways said:
What evidence can be gathered by processing a rape kit?
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"A sexual assault evidence collection kit, sexual assault forensic evidence (SAFE) kit, sexual offense evidence collection (SOEC) kit or Physical Evidence Recovery Kit (PERK),[1] is a set of items used by medical personnel for gathering and preserving physical evidence following an allegation of sexual assault which can be used in rape investigation. The kit was developed by Louis R. Vitullo and was referred to for years as the Vitullo kit. It is colloquially referred to as a rape kit or rape test kit. The term applies also to the collected evidence for a specific case."

https://en.wikipedia.org/wiki/Rape_kit
 
#13
#13
RobsPics said:
"A sexual assault evidence collection kit, sexual assault forensic evidence (SAFE) kit, sexual offense evidence collection (SOEC) kit or Physical Evidence Recovery Kit (PERK),[1] is a set of items used by medical personnel for gathering and preserving physical evidence following an allegation of sexual assault which can be used in rape investigation. The kit was developed by Louis R. Vitullo and was referred to for years as the Vitullo kit. It is colloquially referred to as a rape kit or rape test kit. The term applies also to the collected evidence for a specific case."

https://en.wikipedia.org/wiki/Rape_kit
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If the assailant is know, what's the purpose of the kit?
 
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#14
#14
It really doesn't matter if the rape actually occurred or not. This is a Title IX lawsuit alleging the university didn't fulfill its obligations under Title IX to protect the accuser. The attorneys went back 20 years to establish a pattern of leniency towards athletes. Given Baylor and FSU have already settled Title IX lawsuits this appeared to be an easy money grab by the attorney. Title IX is very poorly written and easily exploitable by attorneys. If UT caves on this the floodgates will open. UT is in better position to defend than Baylor or FSU as they did take immediate action. It will be interesting to see how this turns out.

As for the rape kit not being tested I think CNN is wrong. Way to high profile of case to let it sit and there is a trial date. I was told soon after this happened by a reliable source the examination didn't show any of the typical signs normally associated with rape. However, this doesn't mean that rape didn't occur it just means signs normally attributed to it were not there.
 
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#16
#16
Iam4utalways said:
If the assailant is know, what's the purpose of the kit?
Click to expand...

The point it to preserve evidence for prosecution. In a criminal case, the DA has to prove a rape occurred. Part of the process in doing that is proving there was in fact a penetration of the female. Evidence from a rape kit will prove whether penetration occurred or not.

So even if the assailant is known, it is the DA's burden to prove penetration occurred. Not the assailant's burden to disprove it occurred. Thus, the rape kit.
 
#17
#17
Isn't the rape kit used to find any trace evidence to help find DNA to name the assailant?
 
#18
#18
RobsPics said:
The point it to preserve evidence for prosecution. In a criminal case, the DA has to prove a rape occurred. Part of the process in doing that is proving there was in fact a penetration of the female. Evidence from a rape kit will prove whether penetration occurred or not.

So even if the assailant is known, it is the DA's burden to prove penetration occurred. Not the assailant's burden to disprove it occurred. Thus, the rape kit.
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If AJ already admitted that penetration occurred, there's nothing else that can be determined from the kit. I feel like that happened in questioning
 
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#19
#19
Rape kits aren't tested by the University. Those are criminal charges, not sure what the point of this thread is in terms of the football team.
 
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#20
#20
crusse10 said:
Isn't the rape kit used to find any trace evidence to help find DNA to name the assailant?
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That's one reason. The other reason is to prove the suspected rapist actually penetrated the victim. Because if no penetration occurred, then it is impossible for rape to have occurred.

After penetration is proved (via rape kit evidence), then the next step is to prove non-consent.
 
#21
#21
crusse10 said:
If AJ already admitted that penetration occurred, there's nothing else that can be determined from the kit. I feel like that happened in questioning
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Even if AJ admitted penetration occurred, it is unwise for any DA to rely on that evidence alone. There are a number of issues that could prevent AJ's statement from being used against him in a criminal trial. For example, if he made that statement to police w/o being given Miranda warnings, the judge could throw out that statement. Thus, a prudent DA would gather all the possible evidence to prepare for prosecution.
 
#22
#22
RobsPics said:
That's one reason. The other reason is to prove the suspected rapist actually penetrated the victim. Because if no penetration occurred, then it is impossible for rape to have occurred.

After penetration is proved (via rape kit evidence), then the next step is to prove non-consent.
Click to expand...

They didn't need to because they recovered used condoms from AJ's room. This all comes down to he said/she said.
 
#23
#23
mountainair said:
It really doesn't matter if the rape actually occurred or not. This is a Title IX lawsuit alleging the university didn't fulfill its obligations under Title IX to protect the accuser. The attorneys went back 20 years to establish a pattern of leniency towards athletes. Given Baylor and FSU have already settled Title IX lawsuits this appeared to be an easy money grab by the attorney. Title IX is very poorly written and easily exploitable by attorneys. If UT caves on this the floodgates will open. UT is in better position to defend than Baylor or FSU as they did take immediate action. It will be interesting to see how this turns out.

As for the rape kit not being tested I think CNN is wrong. Way to high profile of case to let it sit and there is a trial date. I was told soon after this happened by a reliable source the examination didn't show any of the typical signs normally associated with rape. However, this doesn't mean that rape didn't occur it just means signs normally attributed to it were not there.
Click to expand...

CNN, Tennessean Reporter (don't remember her name), UVA rape accusers, Duke Lacrosse accuser, Title IX lawyers and "victims" are all cut from the same cloth.
 
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#24
#24
davethevol said:
They didn't need to because they recovered used condoms from AJ's room. This all comes down to he said/she said.
Click to expand...

Not entirely. The rape kit also looks for bruising and tearing. Anything that may illustrate use of force. It wouldn't be conclusive if it exists or doesn't exist. But it could help corroborate the accuser or the accused's story.
 
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