Hitting the lottery once in a lifetime will never happen to most of us, but Brian Brockington just hit the criminal justice system jackpot, not once, not twice, but three times. DNA evidence has linked him to three sexual assaults, but lucky old Brian will soon be released from prison without ever serving a single day for any of the assaults in question.
So is Brian Brockington just one of the "luckiest" men alive? Perhaps. But he had some help. Continuing the lotto metaphor, you could say the powers that be screwed up and now all of us have to pay up, starting with the women DNA evidence links him to assaulting. Or in casino terms one might say the slot machines are severely broken and those in charge of the house haven't made repairing them a priority. As a result we'll likely see a lot more Brian Brockingtons winning the criminal lotto in coming years. Allow me to explain.
As reported in the New York Daily News:
Brockington, 35, was arrested on rape charges in 2007 and his cousin Rodney Howard, 36, was arrested two years later after their DNA matched evidence from a 1993 gun-point attack on a 29-year-old woman. But because of a police backlog, the DNA evidence from the crime wasn't processed for nearly a decade -- and prosecutors filed charges a day after the crime's 10-year statute of limitations expired, said Steven Reed, spokesman for the Bronx DA. The DA's office realized their error only after the cousins were arrested -- and prosecutors were forced to drop the rape charges.
Brockington was subsequently linked to two other sexual assaults.
The scary thing about the Brockington case (you know, besides the fact that an alleged serial rapist will likely soon be walking among us) is that the current system virtually insures that Brockington will not be the last alleged rapist set free by what some are calling a "technicality" but increasingly looks like willful legal negligence. Not simply on the part of police and prosecutors, but on the part of legislators.
In interviews with representatives from organizations dedicated to aiding survivors of sexual assault and improving the criminal justice system's prosecution of sex crimes, I learned that as the current system stands the release of the Brian Brockingtons of the world is virtually inevitable, caused by a nearly perfect storm of the following:
• Only five states in America have no statute of limitations for any felony, meaning any felony crime can be prosecuted at any point at which prosecutors believe there is sufficient evidence, even if the alleged crime took place decades earlier.
• Only 27 states have explicit DNA exceptions on the books rendering statute of limitations non-enforceable or significantly widening the time frame for such limitations should DNA evidence link a suspect to a crime.
• The Justice Department estimates there are at least 100,000 rape kits from unsolved sex crime cases waiting to be tested at labs around America.
• The actual amount of evidence waiting testing nationwide is much higher than 100,000, because before DNA collection became the norm there was no universal standard for storage of such evidence. This means there is an untold amount of evidence stored in unknown places and unaccounted for, some of it misplaced and misfiled for decades.
You do the math. This means that in a plurality of states, regardless of whether or not DNA evidence successfully links a perpetrator to past crimes, there is very little our criminal justice system can do to insure that perpetrator will serve any time. The reason? Because of a woefully antiquated and inept system that at the very least has been slow to adapt to the 21st century, and at the very worst has consciously chosen to treat sex crimes as low on the list of legislative and prosecutorial priorities.
Despite advancements in DNA technology a number of states still adhere to arcane statute of limitations provisions, meaning regardless of what evidence is unearthed that crime may not be prosecuted. "The rationale behind statute of limitations is that memories fade. DNA doesn't fade. It's good forever," said Scott Berkowitz, President of RAINN, the Rape Abuse and Incest National Network. "As long as you have the evidence, you should be able to use it anytime you finally identify the suspect."
But even those states that have attempted to address the statute of limitations problem have left loopholes in them so big a truck could drive through or more accurately, a criminal can escape through. For instance, while the New York state legislature bowed to pressure in 2006 and finally amended state law to eradicate statute of limitations for class B felonies, covering those deemed the most serious sex crimes such as first degree rape, a host of sex crimes are not covered. "We wouldn't be able to prosecute a case like Penn State here in New York," Joe Farrell, a spokesperson for New York State Coalition Against Sexual Assault said, referring to child molestation allegations against Jerry Sandusky, a former assistant football coach at Pennsylvania State University. That means even if DNA evidence was discovered, such as a piece of one of the victim's clothing linking Sandusky to a crime, there would be nothing anyone could do to prosecute in the state of New York. "Ideally we would like to see the removal of all statute of limitations for such crimes to allow for delayed reporting."
But the legal challenges presented by statute of limitations provisions represent one broken cog in a piece of machinery full of defects. In many jurisdictions the processing of DNA evidence is so backlogged that as the statute of limitations clock ticks, with the ability to prosecute certain cases drawing to a close, the DNA evidence that could be used to prosecute said cases sits unanalyzed. There have even been instances in which a perpetrator was in custody for another crime, but because a rape kit had not been processed in a timely manner he was released before he was eventually linked to an unsolved sexual assault.
Some states, New York among them, have been shamed into doing the right thing and clearing the backlog. (Though the rape charges against Brian Brockington were just dropped days ago, the case represents a holdover from the years before the statute of limitations law was changed and the backlog was cleared in New York, illustrating the dangers other states face by not properly addressing those two issues immediately.) But plenty of other states have thousands of rape kits waiting to be tested, with the cities Detroit and Houston being among the worst offenders. (Click here to see an in-depth report on this issue from CBS News in 2009.)
According to one expert interviewed, Houston represents a troubling, yet perfect example of just how badly broken the system is. It was originally believed there were a couple of thousand untested kits in the city, until thousands more were discovered in facilities other than labs. If every major city is like Houston -- and it is believed that many are -- then we have absolutely no way of knowing just how bad the backlog really is. We just know that it is bad. As this expert pointed out, "Part of the problem is that law enforcement is hesitant to invest resources in testing kits related to non-stranger assaults. Of course the problem is there are perpetrators who may assault someone they know as well as victimize strangers, but law enforcement may never make that connection because those kits are not being tested." (She asked that her name not be used since she is not the designated spokesperson for the organization she works with.)
So what, if anything, can we all do to prevent future Brian Brockingtons from winning the criminal lotto? For starters:
1) Contact your member of Congress and urge them to support H.R. 1523, "The S.A.F.E.R. Act." S.A.F.E.R. stands for Sexual Assault Forensic Evidence Registry. Co-sponsored by Reps. Carolyn Maloney and Ted Poe, The S.A.F.E.R. Act would create a national database of rape kits maintained by the Justice Department and would require local jurisdictions to inventory all kits in their possession. It would also allow law enforcement to track which kits are attached to cases in which the statute of limitations window is drawing to a close.
2) If you live in a state that still has statute of limitations provisions for sex crimes (and chances are you probably do) contact your state legislators and request that they amend the law. (To see which states have the worst statute of limitations provisions for sex crimes, or as I call them "predator friendly states," please click here.)
If you would like to learn about other ways in which you can help, such as signing a petition in support of The S.A.F.E.R. Act, or to access contact information for your elected officials, or review the statute of limitations law in your state please click here Let's all do our part to make sure that fewer Brian Brockingtons are set free.
Keli Goff is the author of The GQ Candidate and a Contributing Editor for Loop21.com where this post originally appeared.
Follow Keli Goff on Twitter: www.twitter.com/keligoff
Civil statutes of limitation are usually shorter than criminal. Eg, CA torts are usually 1 year, with some exceptions.
People are quite wiling to vilify men but never, oh never, hold women responsible for there actions. Rape is wrong and 99% of men know it. But, women using sexual signals, eroticism, and suggestive behavior, are using sex to control and manipulate men's behavior. Is that abuse of expression and its intent? Can men be said to be abused by and how women use there sexuality to emotionally and physically control men's actions and behaviors?
Men's actions seem to matter in our definitions of human behavior so why doesn't a women's? BTW, DNA evidence just proves there was contact but not context.
Consent is a finding of fact specific to each case.
That fact that the world continues to hunt 90 year old Nazis shows how removing statutes of limitations doesn't really bring "justice" to the old, often dying perpetrators that are still occasionally "discovered" after a lifetime otherwise crime-free. And say what you will, at some point economic cost comes into it. There are better things on which to spend the law enforcement dollar.
This article totally ignores the problems with DNA "evidence" in favour of a "hang them high" mentality. DNA material does not automatically mean innocence/guilt. Circumstances have to be examined, details have to be reconstructed. If you're 20-30 years down the track, then doing all of that leg-work that needs to be done to secure a correct (as opposed to convenient) conviction becomes increasingly difficult.
Never throw out due process because of moral sentiment.
There does need to be more done to ensure cases are investigated properly and evidence treated appropriately. That's different to saying "Never forgive. Never forget", when reality says something else entirely.
There is nothing magic about DNA. It has to be introduced & considered what connections it shows, like all other evidence.
Reciting "DNA" is not conclusive of guilt or innocence any more than any other evidence. It's just another (happily fairly definite) tool. The issue is always the connection.
This qualifies as an epidemic... something that we MUST fix! I teach classes for teen and preteen girls on Dating Safety and Rape Prevention so I am doing my part. We need more people to step up and do theirs.
Where is your evidence? What are the sources & underlying assumptions of your statistics? Links please.
Don't you think your statement that general failure to process DNA shows 'hatred of women' is exaggerated? Do you hate men if you assume that everybody that asks your daughter out plans to rape her? Do you hate men if you want rape cases processed ahead of DNA in other crimes, which are heavily male victims? If you do, does that sound just a little paranoid? If not, why do you assume men are that different from you? Back to a little paranoid?
Clearly you do not see this as a community problem, but a women's problem alone - which is your choice. Why don't you call the sheriff, and see who shows up to help you? Ask him if he hates women because he's not processing DNA.
Why exactly are you pushing this angle? And what are the consequences & alternatives?
And what is with your photo?
The problem is there are still a LOT of men out there with the old attitude that "most rape reports are false" or that "most women who are raped are in some way responsible for it happening" the old "Her skirt was too short" or "She led him on... if she didn't want to have sex, why did she kiss him? Or get in the back seat or go into his bed room..." These are the though processes of the men (and women!) who continue to not take rape as a serious crime.
These sorts of people teach this thinking to their children and this continues the cycle of abuse - their sons grow up to disrespect womens' boundaries and their daughters grow up thinking that in some way if they are raped then it must be THEIR fault.
We will end the cycle of rape and violence against women when we teach our sons not to do it, and our Daughters how to defend themselves if a man ever tries it.
Men's actions seem to matter in our definitions of human behavior so why doesn't a women's?
Do you suppose there could possibly be other issues?
What I suspect is you're a little hysterical. I will bet you my wallet as we speak that more men are victims of failure to process DNA timely, than women.
One problem is that many HP readers, like most people, think they know how a case should be handled from reading a headline. My advice to you is that you are perfectly free to volunteer to work for the DA. I'm sure they'll love the help.
And another problem is that HP readers don't click on headlines about budgets.
But would you read about breaking & entering? Do you care?
The part of this article (which I generally consider a simpleton's screed) is the implied criticism that DNA evidence should be processed faster. I'd be more than willing to advocate for a shift in DOJ funds from substantially arming police departments with heavy arms and tanks (both reported on by Huff Post) to DNA evidence processing.
I don't know of any jurisdiction that has a SOL for murder. Question is, where do other crimes fit?
Something that annoys the he11 right out of me is people who jump in with all the answers without realizing they don't know WTF they are talking about, and might be smart to ask some questions & listen to the answers. Or just RTFM.
Legal procedure is mostly pretty logical, if you think about how it works from BOTH PsOV. But most people don't, they only see what is waved in front of them at the moment. Then they wonder why they spend so much time chasing their tail, or why they always seem to compound injustices.
Joe Paterno knows that Jerry Sandusky is raping little boys and does nothing because his precious football program is so much more important.
Penn State students defend Sandusky and Paterno while spitting on the victims.
The problem isn't "rapist-friendly states", it's a rapist-friendly society.
And just so happens, there is an epidemic of False Rape Accusations
Here is one source for these statistics:
http://www.911rape.org/facts-quotes/statistics
What do you have to say about THAT?
The Dept of Justice doesn't do studies, they just commission them, usually by biased, ideologues with the sole intent to lie and mislead. If you actually read the studies (the actual study, not the cliff's notes), and their methodology, you would see where and how they lie to you...but then that's probably asking too much of you.
There have been several studies done that shows that 25-40% of rape accusations are FALSE. Studies that AREN'T done by rent-seeking feminist ideologues.
Also according to the DOJ, in 2010, there were 188390 reported rapes and sexual assaults in the US. In a population of 300,000,000+ people, that comes up to .62% of the population (men, and women) this is a hard number, the actual number of charged rapes/sexual assaults in the USA.
"But IslamicPacifist, what about that whole FBI redefinition of rape??"
This is the number of rapes/SEXUAL ASSAULT
Whatever didn't count as rape before the redefinition, was included in the stat as "sexual assault"