The limitations of legacy DNA technologies in sexual assault cases

Preface

By Brendan Belair

Debbie Smith is universally admired by both sides of the aisle on Capitol Hill, a nearly impossible feat in today’s climate. Because of her advocacy, federal and state laws prioritize testing sexual assault kits. During my Hill career, I was fortunate to play a small part in her success.

At the time, I was the Minority Staff Director of the Judiciary Committee, and I remember October 23, 2019 when Members from both sides of the aisle gathered on the floor of the House to declare that forensic DNA testing was the future, that the dignity of sexual assault victims would be prioritized, and that justice would be served.

H.R. 777, the Debbie Smith Act of 2019 passed the House of Representatives without a single vote in opposition, a feat almost unheard of in these politically tumultuous times. It was a day of overdue relief for victims, their families, and advocacy organizations. I am proud of the small role I played in that bipartisan victory. 

I left Congress after seventeen years not because I stopped believing in public service, but because I believed that Congress needs to partner with new technologies, to encourage innovation and creativity, to use the best and brightest minds to solve the pressing issues facing our nation.

Below Debbie calls for our government to partner with innovative companies like Othram to address the crisis of backlogged cold cases in this country unable to be solved with legacy technology like CODIS. Often relying on crowdsourced funding from local law enforcement communities, Othram’s approach to forensic DNA evidence has removed all technical and scientific barriers to identifying those who have committed heinous crimes. Funding is the only barrier. Debbie launched the effort to end untested sexual assault kits; I’m excited to tackle the crisis of unsolved cases with her.

The limitations of legacy DNA technologies in sexual assault cases

By Debbie Smith

In 1989, I was sexually assaulted, and, in the aftermath of the attack, was instructed to not 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 own 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 Carla Walker was. There are thousands of cases – like Carla Walker’s – which 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 Carla Walker, detailing how new technology – pioneered by Othram -- based in The Woodlands, Texas, not far from where Carla Walker was attacked -- allowed law enforcement to re-open 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, drastically 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 deliver the latest technology to all unsolved sexual assaults.

Outside of Houston, Texas there is a forensic laboratory and research center that houses some of the best and brightest minds who are solving “unsolvable” cases.  Their approach to forensic DNA evidence removes 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, we think 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 make sure 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).