Evidence and Rape Kit Testing
Other than homicide cases, more innocent people are convicted of rape than any other offense in Michigan. New rules passed in Michigan will hopefully result in more reliable evidence.
Violations of New Forensic Rape Kit Testing Rules Can Result in a Dismissal of Charges
The passage of new requirements for rape kit testing may soon alter the state of Michigan’s criminal sexual misconduct legal landscape. The 2009 discovery of 11,000 untested rape kits in Detroit resulted in changes to the forensic examination rules in Michigan. Police will now be required to obtain a kit from a health center within 14 days of notification and send the kit to a lab for analysis within the following 14 days, after which the lab has an additional 90 days to obtain results.
These changes in rape kit testing rules are to speed up testing for evidence collected in sexual assault cases. There is concern among law enforcement that requiring testing might misdirect limited resources, arguing that often kits are not tested for particular reasons, such as the known identity of a perpetrator. Advocates for the policy change argue that uploading DNA evidence from the kits into state and national databases will nevertheless assist with the investigation of other criminal sexual misconduct cases. Rape kit testing and analysis are often among the most potent tools in sexual assault prosecutions, even though there is a history of false identifications, mishandled evidence, and flawed analysis.
Michigan Criminal Sexual Conduct Defense Attorneys
The effects of these changes on the criminal justice system in Michigan are yet to be determined. If you, or someone you know, is charged with criminal sexual conduct (CSC), assault with intent to commit criminal sexual conduct, any similar offense, or if you are accused of such a crime, call an experienced, dedicated criminal defense attorney at LEWIS & DICKSTEIN P.L.L.C. We will find a way to help you.
We have decades of experience defending people charged with felony and misdemeanor sexual offenses and all assault charges. When your freedom is at stake, it is crucialthat you have the best legal representation available. We have extensive experience attacking scientific analysis, including rape kit testing, to ensure that any unreliable evidence is exposed.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.