NORFOLK, Va. (WVEC) -- A 13News Now Investigation has uncovered hundreds of sexual assault kits that have not been tested for DNA in Hampton Roads.
In Virginia, there is no mandatory testing of new kits and no law mandating the testing of backlogged kits.
13News Now Investigator Laura Geller requested information from eight departments. After asking for interviews for a month and a half, only Virginia Beach Police agreed to speak to us on camera. All departments, however, provided data, along with the following statements:
CHESAPEAKE
It is the policy of the Chesapeake Police Department that Physical Evidence Recovery Kits (PERK Kit) will be offered and completed by a Sexual Assault Nurse Examiner (S.A.N.E) on all willing victims reporting a sexual assault, if the assault occurred no longer than 96 hours before the complaint. For the collection of DNA evidence and the possibility of further lab analysis, the assault must be reported within 72 hours of the complaint. The offer and completion of a PERK Kit applies to all victims, even those who state they do not wish to prosecute or otherwise proceed with a criminal case. The majority of PERK Kits maintained by the Chesapeake Police Department that are not sent for further analysis are due to complainants not desiring to prosecute or otherwise cooperate with additional investigation.
Other reasons why a PERK Kit may not be sent for further analysis includes the presence of separate evidence that allows for arrest and prosecution of a suspect, a known suspect admitting to consensual intercourse with the complainant or because investigation reveals a crime did not occur. Sexual assault cases involving minors, an unknown suspect, or a known suspect that denies having committed any sexual acts with the complainant are, with few exceptions, always sent for DNA analysis if the PERK Kit is collected within 72 hours and adult victims wish to prosecute.
-Kelly O'Sullivan
City of Chesapeake
Click here: Chesapeake PERK Kit data
HAMPTON
I am following up on behalf of Senior Deputy City Attorney, Lola R. Perkins in response to Ms. Geller's May 27, 2015 e-mail with regard to the above-referenced Freedom of Information Act request in which Mr. Reilly requested records setting forth the total number of untested sexual assault kits in the custody of Hampton Police Department, including a breakdown by year, from 2000 until 2014, that were collected and have not been tested.
Attached, please find the City's amended response to your request. If you have any further questions, please feel free to contact me. Thank you for your attention.
-Angenette D. Pase, FOIA Coordinator
Hampton City Attorney's Office
Click here: Hampton PERK Kit data
NEWPORT NEWS
The Newport News Police Department will make available a Physical Evidence Recovery Kit (PERK Kit) and an examination completed by a Sexual Assault Nurse Examiner (S.A.N.E) to all willing victims reporting a sexual assault. For the collection of DNA evidence and the possibility of further lab analysis, the assault must be reported within 72 hours of the assault. The offer and completion of a PERK Kit applies to all victims, even those who state they do not wish to prosecute or otherwise proceed with a criminal case. The majority of PERK Kits that are not sent for further analysis are due to complainants not desiring to prosecute or otherwise cooperate with the investigation. Other reasons why a PERK Kit may not be sent for further analysis includes the presence of separate evidence that allows for arrest and prosecution of a suspect, a known suspect admitting to consensual intercourse with the complainant or because the investigation reveals that a crime did not occur. Sexual assault cases involving minors, an unknown suspect, or a known suspect that denies having committed any sexual acts with the complainant are, with few exceptions, always sent for DNA analysis if the PERK Kit is collected within 72 hours and adult victims wish to prosecute.
-Lou Thurston, Public Information Officer
Newport News Police Department
Click here: Newport News PERK Kit data
NORFOLK
Norfolk Police tell 13News Now it tests all kits except where both the victim and suspect admit to having a sexual encounter and if it is a "blind kit." A blind PERK is when the victim submits to a kit, but doesn't want police involved. Police keep the kit, but do not test it unless the victim says she/he wants to move forward with the case. Norfolk Police hold "blind kits" for a year and a day, even though law only requires they be held for three months. Currently, Norfolk Police has two untested "blind kits" in its custody.
PORTSMOUTH
It is the policy of the Portsmouth Police Department that Physical Evidence Recovery Kit (P.E.R.K.) examinations will be offered to all victims of a sexual assault, when that has occurred within the last 72 hours due to the increased likelihood that evidence of the crime can be collected. This examination is completed by a Sexual Assault Nurse Examiner (S.A.N.E) on all willing victims specifically for the collection of DNA evidence and the possibility of the lab analysis of such evidence. The offer and completion of a P.E.R.K. examination applies to all victims, even those who state they do not wish to prosecute or otherwise proceed with the criminal case.
The majority of P.E.R.K. Kits maintained by the Portsmouth Police Department that are not sent for further analysis are due to a victim not desiring to prosecute or otherwise cooperate with the continued investigation.Other reasons why a P.E.R.K. kit may not be sent for further analysis includes the presence of separate evidence that allows for arrest and prosecution of a suspect, a known suspect admitting to consensual intercourse with the complainant or because the investigation reveals a crime did not occur. Sexual assault cases involving minors, an unknown suspect, or a known suspect that denies having committed any sexual acts with the victim are, with few exceptions, always sent for DNA analysis if the P.E.R.K. kit is collected within 72 hours. P.E.R.K. kits belonging to adult victims who wish to prosecute are also sent to the lab for analysis, when such submittal will further the investigation and assist the Commonwealth Attorney's Office with the prosecution of a suspect.
- Detective Misty Holley, Public Information Officer
Portsmouth Police Deptartment
Click here: Portsmouth PERK Kit data
SUFFOLK
The Suffolk Police Department submits all sexual assault test kits collected as evidence in such cases to the Virginia State Lab for forensic testing if such submittal will further the investigation and assist the Commonwealth in Prosecution.
-Diana Link, Director of Media and Community Relations
City of Suffolk
Click here: Suffolk PERK Kit data
VIRGINIA BEACH
The Virginia Beach Police Dept. provided an interview, along with the following data:
Click here: Virginia Beach PERK Kit data
WILLIAMSBURG
Our protocol for submitting kits for testing is pretty simple. We test kits that have potential evidentiary value. This involves cases where there is a known victim and testing has the potential to:
1. Identify an unknown suspect, provided the suspect's DNA is already in the database.
2. Narrow down a list of potential suspects by eliminating non-contributors.
3. Will contradict denials of sexual contact by an identified suspect.
There is no need to submit kits for testing when the victim has decided to remain anonymous or when the involved parties, victim and suspect, agree there was a sexual encounter but the debated issue is consent.
-Major Greg Riley
Williamsburg Police Department
Click here: Williamsburg PERK Kit data
