31 mars 2009

VIII. Conclusions

The number of untested rape kits in Los Angeles County points to larger concerns with the way the Los Angeles Police Department and Sheriff's Department handle rape kits and rape investigations more generally. For rape victims to have access to justice, policymakers and law enforcement officials in Los Angeles County will need to test every booked rape kit, but their responsibility does not end there. Law enforcement, in collaboration with rape treatment providers and with the support of elected officials, will need to create systems to ensure that every reported rape case is thoroughly investigated and, when appropriate, leads to the arrest of those responsible. As one rape treatment provider told Human Rights Watch, "We go through the motions of collecting the kit, and then it doesn't get tested. Either we stop collecting rape kits, or we test every rape kit. It's now standard procedure to encourage every rape victim to report the crime and get a rape kit collected. If we think it's unconscionable to discourage a rape victim from reporting and getting a rape kit collected, then it's unconscionable to have a rape kit backlog."[261]

The remedy will require a comprehensive plan that is made known to the public, compliance with existing laws, and swift and efficient action. This is a necessary part of core governmental obligations to protect victims of sexual violence and promote public safety.

[261] Human Rights Watch interview with Sharon Shelton, May 5, 2008.