Houston Chronicle by Gabrielle Banks Jan. 15, 2020
Houston sexual assault victims appeal to U.S. Supreme Court on city’s failure to test rape kits
Two women whose rape kits lay dormant for years are asking the U.S. Supreme Court to revive their class action against the city of Houston and former city officials, saying it’s unfair to expect sexual assault victims to keep tabs on the timely processing of evidence.
Beverly Flores and DeJenay Beckwith say in their federal civil rights appeal that the national rape-kit backlog was a unique phenomenon and that U.S. District Judge Vanessa D. Gilmore erred when she placed the burden on victims to know that the Houston crime lab was not processing thousands of evidence kits. An appeals court upheld a ruling dismissing the case because the victims failed to file their complaint in a timely fashion.
“The lower courts have put the burden on these lower-income minority victims to know that [Houston police] took the DNA evidence from thousands of rape victims and did nothing with them,†said civil rights lawyer Randall L. Kallinen. “This is too high a burden and affects too many rape victims to stand.â€
Under Texas law, the rape kits have a 30-day turnaround, which police and medical professionals would have disclosed at the time of testing. The women claim it was unfair for the city to expect them to follow up and monitor news for results of rape exams taken years prior. The appeal says it’s onerous and unreasonable to ask victims of traumatic sexual assault to assume the officers aren’t doing their job and to put the onus on them to reach out to law enforcement.
More:
https://www.houstonchronicle.com/news/houston-texas/houston/article/Houston-sexual-assault-victims-appeal-to-U-S-14977375.php
