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Does your state test every rape kit it receives as evidence?

Tribeca Film Festival Review: ‘I Am Evidence,’ Producers Mariska Hargitay, Trish Adlesic, Nancy Abraham

I Am Evidence, untested rape kits, rape crimes, law enforcement negligence, HBO
Preparing a rape kit to be tested, ‘I Am Evidence’ Tribeca FF World Premiere (photo from the film)

I Am Evidence is one of the most important documentary films to come out of Tribeca Film Festival. It is a groundbreaking criminal and social justice documentary about women, rape, and the folkways that allow this crime to fly under the radar. The film centers around rape survivors and the process of rape crime evidence collection-sealed in a rape kit which then is sent off to be tested. Central to I Am Evidence is the egregious miscarriage of justice that happens in a predominance of states in the U.S. Rape kits, loaded with critical evidence, languish sometimes for years in police storage untested, forgotten, trashed. Is this institutional misogyny, the banality of evil or something else?

With meticulous, clearly organized information, the filmmakers answer these questions and examine how and why this unconscionable backlog of known untested kits (once numbered 400,000 nationwide) happened. The number was probably even greater if one considers those thrown away, negligently stored, lost, displaced. Rape victims are loathe to file a police report; most probably the number of rapes is greater. The backlog exacerbates our culture of sexual violence (every 98 seconds an American is sexually assaulted).

I Am Evidence, Tribeca Film Festival World Premiere, Mariska Hargitay, untested rape kits, rape crimes
Mariska Hargitay introducing ‘I Am Evidence’ at TFF World Premiere (photo Carole Di Tosti)

Through salient interviews of rape survivors (i.e. Ericka, Helena, Amberly), journalists, investigators, law enforcement, researchers, and other experts (Mariska Hargitay identifies the substantive issues at the outset as she interviews Wayne County prosecutor Kym Worthy), directors Trish Adlesic and Geeta Gandbhir cogently examine why the testing of rape kits needs to be a nationwide law enforcement priority. The filmmakers’ approach is winning; the documentary is a heartfelt and human drama told through the uplifting testimony of rape survivors like Ericka Murria. Murria shares her triumph over psychological and physical trauma as she seeks justice and takes a stand to advocate for others. As Ericka, Helena Amberly and others share the arc of their journeys from chaos and depression into the light, filmmakers outline the breadth of the problem about untested rape kits.

Adlesic and Gandbhir establish that every untested rape kit represents a victim. The kit contains material DNA evidence. Once the evidence is tested in a lab, the results can be placed in a data-base (CODIS) which matches rapes, crimes and murders nationwide with the DNA evidence from perpetrators. If the evidence is never tested, the kits left to molder on a shelf in a storage unit, that crime and the potential match-up with criminals (especially serial rapists/murderers), and other crimes they’ve perpetrated will remain unsolved.

I Am Evidence, untested rape kits, rape crimes, sexual assault
Untested rape kits, ‘I Am Evidence,’ Tribeca FF World Premiere (photo from the film)

Through the testimony of investigative teams and prosecutors, the filmmakers reveal the endemic nature of the problem. Each ignored kit means that a rape is not going to be investigated, even though a victim has emotionally steeled himself/herself to go through the shame of filing a report that takes 4-6 hours for evidence collection and placement in the kit. The message inadvertently sent to rapists and serial rapists/murderers is that they are permitted to to rape and/or kill again.

The message sent to victims is that their rape doesn’t matter and they don’t matter. Ultimately, the victim, traumatized by the sexual assault and battery, is further abused by the negligence of their un-investigated crime. Humiliation is compounded by the silence of injustice. An additional noxious side effect of untested rape kits is that word gets around that no one called about the rape investigation. Other victims are less likely to file a report. Rapists are emboldened. A significant point the filmmakers underscore from the research on rapists is that many rapists are serial rapists. They continue to rape until they are stopped. And some of those serial rapists also murder. Sadly, there is no way to gauge how many women are raped and how many serial rapists/potential murderers have committed multiple crimes.

When one considers that an untested rape kit that sits for years (the filmmakers reveal this occurred in places like Detroit, Los Angeles, see END THE BACKLOG), might empty even one cold case file, one begins to understand the staggering negligence that is multiplied as untested rape kits mount up in the thousands. (see your state’s numbers on END THE BACKLOG). In a lurid example of the impact of just one untested rape kit (sitting over a decade), filmmakers show how serial rapist Charles Courtney (a truck driver who committed crimes in various states along his driving route), was free to rape again and again. (click here for Helena’s story)

I Am Evidence, Mariska Hargitay, Sheila Nevins, Trish Adlesic, TFF World Premiere Red Carpet,untested rape kits, rape crimes
(L to R): Mariska Hargitay, Sheila Nevins,Trish Adlesic, TFF World Premiere Red Carpet for ‘I Am Evidence’ (photo Carole Di Tosti)

If kits had been tested, law enforcement could have checked the databases, identified Courtney’s multiple rapes and gotten him off the streets, never to rape, threaten her family, and traumatize Amberly, one of his victims who filmmakers interview. From that rape, Amberly suffered PTSD that sent her life spiraling downward into addiction, a devastation which she is turning around. Indeed, one of the investigators who helped get Charles Courtney off the streets stated that if all the kits nationwide were tested, she would bet that his DNA would match up with a few unsolved murders.

I Am Evidence incisively, humanly directed by Trish Adlesic and Geeta Gandbhir, is an extremely valuable work of social justice. The filmmakers make a precise, clear, and thorough examination of how this holocaust of abuse has been allowed to continue fueled by our culture’s mores, folkways and prejudices leveraged by institutional racism, negligent law enforcement, misogyny. The clips that reveal this are devastating. Though the documentary is a painful and frustrating look into the egregious criminal negligence committed by various police departments with an incredible number of backlogged rape kits (over 100,000 nationwide), I Am Evidence is also an unforgettable journey of hope, healing, redemption, and activism.

Sheila Nevins, Ericka Murria, Geeta Gandbhir, Mariska Hargitay, I Am Evidence, TFF World Premiere, untested rape kits, rape crimes, HBO documentary films
L to R): Sheila Nevins, Ericka Murria, Geeta Gandbhir, Mariska Hargitay, TFF World Premiere, ‘I Am Evidence’ (photo Carole Di Tosti)

I cannot praise this film enough for its solid story-telling, its unabashed strength in unspooling the themes that inspire one to advocacy. From the outset, with empathy and poignancy, filmmakers elicit the soulfulness of the survivors who have gone through the hell of rape and reporting, and have attempted to deal with the psychological and emotional trauma of what they experienced only to then confront the truth that they may never receive justice. The documentarians also highlight the heroes-the investigators and prosecutors who have gone through the stressful frustration of dealing with the monumental backlog of untested rape kits.

Along the journey we watch specific examples of effectively functioning teams who are getting things done, pitted against interviews with former law enforcement officials who make dismissive comments about lack of funding and the terrible difficulty of prosecuting rape cases. Rather than admit the tragedy behind each and every untested rape kit, there remains a dilatory lack of accountability to problem solve or acknowledge that rape correlates with murder and other crimes.

What is particularly uplifting is filmmakers show successes: they follow a team’s painstaking work to tackle the backlog that eventually results in successful prosecutions. They focus on undaunted heroes like Wayne County Prosecutor Kym Worthy (Detroit, Michigan had 11,000+ untested rape kits that had been placed in an abandoned, wrecked building, home to nesting birds and other creatures). When Worthy takes Maritska Hargitay to the site of the abandoned building to view where the kits had been left, we are shocked knowing that each kit is a person. When Worthy discovered this (2009), despite the insurmountable problems including lack of funding, she went into action, got kits tested, and criminals off the streets (some serial rapists had raped 10-15 times).

Survivors, law enforcement icons, The Joyful Heart Foundation, and End The Backlog are in the forefront of overturning the systemic criminal negligence perpetrated by the dilatory law enforcement agencies and their sub rosa misogynistic, racist behavior which deems rape a low priority crime, especially in ethnic communities. Some states are reforming their laws. Others are not. Why not? Is it because some law enforcement and prosecutorial departments don’t want to “waste” time, effort and finances on rape kits while there are other “more important crimes” to investigate? Indeed! By not testing rape kits, they are promoting more felonies instead of stopping them.

I Am Evidence is the filmmakers’ incredible work of hope and progress. Yet, it reveals we are not out of the labyrinth of unawareness and egregious systemic negligence. This must-see film is a clarion call for the public to  demand all rape kits be tested as a matter of safety and security. Our criminal justice system must be accountable, especially now as the political winds shift.

This is a film everyone should see. For screenings check HBO and the film website.

 

 

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About Carole Di Tosti

Carole Di Tosti, Ph.D. is a published writer, novelist and poet. She authors three blogs: The Fat and the Skinny, All Along the NYC Skyline, A Christian Apologists' Sonnets. She contributed articles for Technorati on various trending topics. She guest writes for other blogs. She covers NYC trending events and writes articles promoting advocacy. She was a former English Instructor. Her published dissertation is referenced in three books, two by Margo Ely.

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