Maryland is on the cusp of resolving one of the oldest and most significant backlogs of untested rape kits in the country. Thanks to new legislation and dedicated efforts, the state aims to process over 1,400 cases dating back to 1977 by the end of 2024. This article examines the progress made, the challenges that remain, and the broader implications for justice and survivors.
Historical Context and Legislative Changes
Maryland’s journey toward addressing its rape kit backlog began in earnest with new laws extending sexual assault evidence protections to include DNA samples. Historically, a substantial portion of evidence collected from rape exams in the 1970s and 1980s was preserved but left untested. ProPublica’s 2021 series, “Cold Justice,” revealed that Dr. Rudiger Breitenecker, a physician at the Greater Baltimore Medical Center, had foresight in preserving this evidence, anticipating that future technology might provide a means to connect samples to perpetrators.
Dr. Breitenecker’s preservation of evidence has led to the exoneration of two men and the resolution of 80 cold cases. However, much of this evidence remained dormant until ProPublica’s exposure of the oversight prompted Maryland to enact a new law, bringing these cases under the same protections and expedited processing requirements as the state’s official backlog.
The Processing Timeline and Current Status
As of now, all the historical samples are at a designated lab, which is contracted to process them by December 31, 2024. The testing will involve comparing DNA profiles from the samples against national police databases to identify potential matches. However, the process is far from straightforward. Many cases will require additional investigation beyond DNA matches, such as tracking down victims who may have moved or passed away.
A third of the samples have already been tested, although the police have not disclosed the results. Under a new law, updates on these cases must be entered into a tracking system by December 31, 2025. This system, operational since late May, has already seen significant engagement from survivors with new cases, who have logged in to check the status of their cases numerous times.
Challenges in Accessing Information
For survivors of the older cases, obtaining information remains a challenge. Despite a press conference urging survivors who were treated at the Greater Baltimore Medical Center between 1977 and 1997 to contact a hotline, some callers, like Melanie, are still awaiting responses. Melanie, who was 13 when she was attacked in 1978, expressed frustration at the lack of information and delays in response.
The nonprofit organizations handling the hotline have acknowledged logistical and legal issues but are working to resolve them. The slow response highlights a broader issue of transparency and communication with survivors.
Efforts Toward Reform and Remaining Backlog
Maryland’s reform efforts have been spearheaded by state senator Shelly Hettleman, who has worked since 2017 to protect evidence and accelerate testing. Her efforts have contributed to Maryland becoming one of the 20 states with comprehensive legislative rape kit reform. Despite this progress, Maryland still grapples with over 6,000 untested kits, one of the highest totals in the nation, excluding the evidence preserved by Dr. Breitenecker.
Authorities have traditionally focused on testing kits from cases involving strangers to the victims, potentially overlooking cases involving known suspects. This approach has implications for solving cold cases, as serial rapists may have been involved in both known and unknown attacks.
Impact of Known Suspects and Serial Offenders
Research and practice suggest that known suspects, including ex-partners and family members, can be serial offenders. Testing DNA from these suspects can provide crucial links to other cases. The Department of Justice advocates for testing DNA even when a suspect is known, as it can uncover connections to additional crimes.
Recent arrests, such as that of James William Shipe Sr., illustrate the potential for cold case evidence to uncover long-standing criminal patterns. Shipe, connected to multiple rapes through DNA evidence, was identified through a breakthrough involving a fingerprint from an unrelated case.
Cultural and Systemic Barriers
Maryland Attorney General Anthony Brown notes that while legislative and procedural reforms are essential, changing the culture and mindset within law enforcement is also crucial. Many of the serial rapists arrested with cold case evidence had long histories of criminal behavior, indicating a need for more thorough investigations and support for survivors.
Melanie’s experience reflects broader concerns about how early cases were handled. She recalls police focusing on discrediting her story rather than pursuing the perpetrator. This mindset underscores the need for ongoing reform and sensitivity to survivor experiences.
Conclusion
Maryland’s efforts to address its rape kit backlog represent a significant step forward in seeking justice for survivors. The new legislation and processing efforts provide hope for resolving old cases and bringing perpetrators to justice. However, challenges remain in effectively managing the backlog, ensuring transparency, and addressing cultural barriers within law enforcement. The state’s progress highlights the need for continued vigilance and commitment to protecting survivors and upholding justice.
FAQ
1. What is the current status of Maryland’s rape kit backlog?
Maryland is working to process over 1,400 historical rape kits by December 31, 2024, thanks to new legislation. A third of these samples have already been tested, with results yet to be fully disclosed.
2. How has new legislation affected the processing of old rape kits?
New laws have extended protections to historical rape kit evidence, bringing it under expedited processing requirements and creating a tracking system for case updates.
3. What challenges are survivors facing in accessing information about their cases?
Survivors of older cases, like Melanie, have faced delays and difficulties in obtaining information about their cases. Some hotline callers are still waiting for responses.
4. Why is testing DNA from known suspects important?
Testing DNA from known suspects can help link them to additional crimes and identify serial offenders. It provides crucial evidence that can solve multiple cases.
5. What reforms have been implemented in Maryland to address the rape kit backlog?
Maryland has enacted legislation to protect evidence and expedite testing, and established a tracking system for case updates. Efforts have been led by state senator Shelly Hettleman and have contributed to significant progress in handling rape kit evidence.
