OPINION:
In 1989, I was sexually assaulted and, in the aftermath of the attack, was instructed not to shower, use the bathroom or change clothes.
Hours later, my fingernails were clipped, my belongings were placed in paper bags, my body was swabbed, and blood was drawn, all in the presence of strangers. More than six years later, the DNA evidence from my sexual assault was finally entered into a law enforcement database.
It’s difficult for most of us to imagine surviving a sexual assault, only to then be subjected to degrading and impersonal examination. Yet, every year thousands of victims go through this invasive experience in the immediate aftermath of their assault solely because we promise them justice. We tell them that with a few more swabs and a few more tests, their “sexual assault kit” will identify their attacker.
Shockingly, however, hundreds of thousands of sex assault kits remain untested for one reason or another.
I was lucky. My assailant was eventually identified and brought to justice.
I summoned the courage to tell my story, and 30 years after I was attacked, the House unanimously passed H.R. 777, the Debbie Smith Act, and in so doing declared that forensic DNA testing was the future, that the dignity of sexual assault victims would be prioritized, and that justice would be served.
It was a day of overdue relief for victims, their families and advocacy organizations, and I am proud of the small role I played in that victory.
There are, however, challenges that remain.
Fifteen years before my assault, and a half a continent away, Carla Walker was sexually assaulted, tortured and murdered in Fort Worth, Texas.
Unlike my case, which was solved after DNA evidence was entered into a law enforcement database, Carla Walker’s DNA evidence failed to produce any leads. It took entirely new technology to solve that case, and it will take new technology to solve countless more cases.
Carla Walker’s murder remained a cold case for over 46 years. Fortunately, her brother Jim never gave up on bringing her some measure of justice.
What’s remarkable is how unremarkable and how sad the case of Walker was. There are thousands of cases — like Walker’s — that await justice, in part because our attention remains focused on legacy DNA technologies. There are new technologies available that pioneered by combining cutting-edge genomics with the power of forensic genetic genealogy.
Dateline recently featured the case of Walker, detailing how new technology — pioneered by Othram, based in The Woodlands, Texas, not far from where Walker was attacked — allowed law enforcement to reopen and ultimately solve Carla’s case, using decades-old forensic evidence. Jim Walker and his family finally have the answers and the justice they have sought.
When conventional DNA testing methods fail, we cannot allow that to be the end of the story in our society’s quest for justice.
The Debbie Smith Act has been instrumental in ensuring sexual assault kits get tested and reducing the backlog of sexual assault kits. To realize the full promise of forensic DNA testing, we need to harness new DNA technology and invest in the necessary infrastructure to apply the latest technology to all unsolved sexual assaults.
In The Woodlands, outside of Houston, there is a forensic laboratory and research center that houses some of the best and brightest minds who are solving “unsolvable” cases right now. Their approach to forensic DNA evidence removes the remaining technical and scientific barriers to identifying criminals.
In many instances, this happens despite outdated laws and regulations that prevent state forensic officials from partnering with innovative labs when the traditional forensic DNA testing technology fails.
With 250,000 cold cases and 40,000 unidentified remains, and given the increase we are currently experiencing, it’s time to use best-in-class DNA testing technology to bring timely leads to law enforcement, safety to communities and justice to victims.
The minimum we owe victims and their families is to ensure that our governments do their best to find their attackers. That includes using our best minds, our best and most innovative technologies, and recognizing where and how we need to do better.
• Debbie Smith is the CEO of H-E-A-R-T, Inc. (Hope Exists After Rape Trauma).
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