Let crime fighters do our job: Another view

There is plenty of discussion in our communities and among elected officials over the processing of sexual assault exam kits, better known as “rape kits.” The kits, used to collect evidence, are often securely stored but might not necessarily be sent to a crime lab for processing. The forensic evidence, including DNA left behind by an accused perpetrator, would certainly be “Exhibit A” in any criminal prosecution.

The debate centers on law enforcement agencies with a “backlog” of unprocessed rape kits, thereby assuming a missed opportunity to identity a criminal suspect. California legislators passed an unfunded mandate in 2011 to test all kits, regardless of the facts and circumstances in any investigation. This ill-advised approach, which would have been very costly and would certainly not have produced results in each and every case, was vetoed.

There are many reasons to store but leave kits untested, including that the suspect’s identity is already known, the suspect already pleaded guilty or the victim recanted, is uncooperative or did not file a criminal complaint. But simply pointing to untested kits and declaring a backlog fails to tell the whole story.

Law enforcement agencies and crime labs must prioritize crime-fighting efforts given limited funding, staffing and resources. Agencies might also have pending cases that demand priority forensic testing and evidence examination that’s more time sensitive than testing a rape kit, especially if the suspect is known.

Our priority as law enforcement professionals is to gather the best evidence and present a prosecutable case to the district attorney. Our goal is to hold individuals who victimize others accountable, while protecting our victims and delivering the justice they deserve. The better solution is to implement departmental policies that mandate testing of kits in specific circumstances and ensure that any DNA results are entered into the federal DNA database.

Law enforcement investigative experts — not elected officials who have no experience investigating crimes — should decide whether or not to submit a rape kit for testing.

Stanislaus County Sheriff Adam Christianson is past president of the California State Sheriffs’ Association.