Dissemination and Impact Amplified: How a Researcher–Reporter Collaboration Helped Improve the Criminal Justice Response to Victims With Untested Sexual Assault Kits

We present a case study of a researcher–reporter collaboration that formed from an initiative to address thousands of previously untested rape kits in one Midwestern (U.S.) jurisdiction. We explore this symbiotic partnership by examining (a) how and why it formed; (b) the outcomes, including extensive and public dissemination and a unique project that surveyed 294 Ohio law enforcement agencies to see what happened after the rape kits were tested (Ohio Rape Kit Survey Project); and (c) the impact that the partnership, dissemination, and larger initiative had in sparking demonstrable change in how the justice system and the general public responded to and engaged with the issue of untested rape kits and with victims of sexual assault. We conclude with larger takeaways from this collaboration for researchers and reporters but also provide a framework for how this type of collaboration can be leveraged to produce change for the greater good.

A Conversation with Aliza Shvarts

Aliza Shvarts first came to widespread attention when her Untitled [Senior Thesis] (2008), consisting of a yearlong performance of self-induced miscarriages, was declared a “fiction” by Yale University and censored from public exhibition. That controversial work was on view for the first time in New York as part of her 2020 exhibition Purported at Art in General. It frames the areas of inquiry she has continued to explore: how the body means and matters and how the subject consents and dissents. In this in-depth conversation, Emily Apter and Aliza Shvarts discuss the exhibition and a wide range of topics relevant to contemporary feminist practice and thought: the genealogy of citation; the uses of theory; speech action; rape kits; nonconsensual collaboration; queer kinship; and memes.

Levitational Cell Cytometry for Forensics

Here, a method for label-free, real-time interrogation, monitoring, detection and sorting of biological rare cells in magnetically-suspended heterogeneous samples is developed. To achieve this, heterogeneous populations of cells were levitated and confined in a microcapillary channel. This strategy enables spatiotemporal differential magnetic levitation of rare fragile dead cells equilibrating at different heights based on the balance between magnetic and corrected gravitational forces. In addition, sorting of fragile rare dead cell populations is monitored in real-time. This technique provides a broadly applicable label-free tool for high resolution, real-time research, as well as forensic evidence processing of rape kits. This method is validated with forensic mock samples dating back to 2003, isolating sperm from epithelial fraction with >90% efficiency and >97% purity. Overall, this method reduces the processing time by over 20-fold down to 20 minutes, eliminating centrifugation and labels, and providing an inexpensive and a high-yield alternative to the current centrifuge-based differential extraction techniques. It can potentially facilitate the forensic downstream genomic analyses, accelerating the identification of suspects, and advancing public safety.

“Just Bring Us the Real Ones”: The Role of Forensic Crime Laboratories in Guarding the Gateway to Justice for Sexual Assault Victims

Throughout the United States, hundreds of thousands of sexual assault kits (SAKs; also termed “rape kits”) have never been submitted by law enforcement personnel to a crime laboratory for forensic DNA testing. Prior research indicates that negative stereotypes about victims influence police decisions to submit kits for testing, but forensic crime laboratory personnel may also be involved in SAK submission decisions. The purpose of the current study was to explore the communication and collaboration between police and crime lab personnel regarding SAK submissions within a community with large numbers of unsubmitted rape kits. Drawing from 3 years of ethnographic observations and longitudinal qualitative interviews, we found that the police department’s crime lab did not have sufficient resources to test all rape kits in police custody, which is a problem forensic laboratories are facing throughout the United States. However, we also found that access to this limited resource was controlled by crime lab personnel and their rape myth beliefs about which victims and which cases were considered worthy of the time, effort, and attention of the criminal justice system. Lab personnel emphasized that police should only submit “real” cases for forensic DNA testing, which they typically defined as physically violent stranger-perpetrated sexual assaults; “shady” cases did not merit testing, which they defined as known-offender assaults, reports made by adolescent victims, and cases in which the victim may have been engaged in sex work. We noted marked similarities in police and lab personnel’s rape myth acceptance, and stakeholders readily agreed that they did have a common understanding about which victims were not credible and therefore which SAKs did not merit testing. We discuss these findings in light of recommendations from the National Academy of Sciences for the independence and autonomy of the forensic sciences from law enforcement.

Tested at Last: How DNA Evidence in Untested Rape Kits Can Identify Offenders and Serial Sexual Assaults

An increasing number of U.S. law enforcement agencies have disclosed that they have large numbers of untested sexual assault kits (SAKs; also called “rape kits”) in police property storage. Whether previously untested SAKs should be tested for DNA evidence has been the subject of considerable public debate. To inform policy and practice regarding rape kit testing, the current study tested a sample of 900 previously unsubmitted SAKs from Detroit, Michigan, and documented the DNA forensic testing outcomes associated with those kits. We assessed how many SAKs yielded DNA profiles eligible for upload into CODIS (Combined DNA Index System), the federal DNA criminal database; how many resulted in a DNA match (termed a “CODIS hit”); and how many of those hits were associated to other sexual assault crimes (i.e., serial sexual assault hits). Overall, there were 259 CODIS hits, 69 of which had DNA matches to another sexual assault case. The potential utility of a DNA profile and CODIS hit may vary depending on whether offender was known or unknown to the victim, so we examined these outcomes separately for SAKs associated with stranger- and non-stranger-perpetrated sexual assaults. We also present six case study examples of how DNA testing and CODIS hits helped identify serial sexual assaults in both stranger and non-stranger sexual assault cases. Implications for rape kit testing policies are discussed.