Procedures Behind Sexual Assault in Portage County

Sexual Assault Procedures in Kent, Ohio

Kent, OH-

The City of Kent Police Department continues to take initiative towards adult sexual assault responses.  The police departments follows their “Adult Sexual Assault Response Procedure” which reported incidents of adult sexual assaults are properly investigated, evidence is collected and medical or emotional support is made available for the victim.

The city follows a structured policy to investigate all reported crimes as sexual assault.

During an initial response, a patrol officer is responsible for the initial report of the sexual assault. The City of Kent must report all information must be reported including interviews, photographs, victims and witnesses statements. The initial response is based upon what the victim is willing to share with available information and collection.

The City of Kent Police Department urges victims of potential sexual assault allegations to seek medical attention before a five-day period passes. This is important for the victim’s health from an emotional and physical standpoint. A majority of the sexual assault testings occur at the University Hospitals Kent location. Medical attention will be provided by a Sexual Assault Nurse Examiners (SANE) at the hospital who is qualified with professional training on examination and special trainings.

City of Kent Police Officer, Lindsey Llwellyn states sexual assault kits must be done by the victim themselves through a medical hospital or by a private medical practitioner of their choosing. Llwellyn later explained a victim is not required to get a sexual assault testing done whether or not they are interested in prosecution however, the Kent police recommend the cases be completed for the victims safety.

The victim has no requirements to pay for the examination; the testing is paid for through the state.

Victims may remain anonymous during their sexual assault kit testing at the medical facility without approaching the police. However SANE nurses will ask where the location of the incident occurred for the report. The detailed report is then sent to the Bureau of Criminal Investigation (BCI) laboratory in Richfield, Ohio.

Documentation of the report is detailed and saved for record. Victims will complete the Sexual Assault First Contact Preliminary Guideline form for record for the department. The City of Kent explains each report must be detailed accordingly. The city will then give the victim their Victim’s Rights Notification form. A detective will notify the student and available support resources are given. Once results from the test have been submitted the victim in notified with a response. After a victim completes a sexual assault kit, the SANE office at the hospital calls the police department. The police department keeps the chain of evidence for their records. The police department then picks up the kit from the hospital and sends it to the BCI for further investigation. The case is then taken to the prosecutors office for further investigation if the kit is positive from the BCI. The Kent Police keep documentation for their records and notified if they must appear in court for a further hearing with the victim.

The City of Kent explains more cases are now being reported. “With the #MeToo movement growing a lot of women are starting to come forward,” Llwellyn said. In addition, the city police take initiative by visiting classes on Kent State University’s campus in classrooms, athletic teams, and fraternity greek life. The visit helps students receive better insight on what to look for in a sexual assault situation.

In the 2018-2019 City of Kent incident report, 39 sexual assault offenses were reported throughout Kent, Ohio. During the year, 19 cases between 7pm-4am were documented in the incident report. 24 cases were reported during the weekends between Thursday evening through Sunday evening. Over sixty-one percent of sexual assault cases were reported during the weekend hours.

Three cases were recorded at University Oaks, an off-campus student housing next to campus.

 

 

 

Long-Term Effects of Sexual Assault

Every two minutes one person is sexually assaulted in the United States. Between 20% and 25% of college females will experience an attempted sexual assault while on campus and over half of them tell nobody. It is not just females that are sexually assaulted or raped, one in six men over the age of 18 are sexually assaulted. Out of every university in America, Reed University has the most reported rapes per 1,000 students at 12.9. The least Kent State University has 0.2 rapes reported per 1,000 students. It is important to note that these are just the rapes that are reported.

Susan Lee is a victim of a gang rape and has some insight on her experience. The long-term effects are “difficulty sleeping and concentrating, questioning the intentions of other and relationship problems.” Overcoming that is a quest in its own. “The most important step is seeking professional help,” said Lee. “With my therapists’ guidance I was slowly able to rebuild my sense of trust. I have PTSD and depression, so my sleep issues and startle response are still high but I’m functioning. Medications were the other boost toward my healing.”

Being raped or sexually assaulted leads to a host of other mental health issues that you are more likely to develop If you are raped, you are 5.5 times more likely to have PTSD and almost one third of rape victims will develop PTSD at some time in their life. Rape victims are also 4.1 times more like to contemplate suicide at some point in their lives. Substance abuse is another major effect that manifests in people who are sexually assaulted or raped. Rape victims are 26 times more likely to abuse drugs and 14 times more likely to abuse alcohol.

Jennifer O’Connell is the Director Center for Sexual & Relationship Violence Support Services at Kent State University and has seen sexual assault and rape happen on and around Kent State’s campus very frequently.

“I know a lot of students who has experienced sexual assault,” said O’Connell. “They often have Post Traumatic Stress Disorder. They may cope with it by using drugs or alcohol. They might not be formally diagnosed, but they show signs. It impacts many aspects of their life such as anxiety and depression. Feeling self-blame and self-shame happens, but you need to know you have nothing to be ashamed of.” 66 percent of all rape victims say they worry about bring blamed for the incident.

Being raped takes a lasting toll on the mind, many years later the memories of the events will most likely still linger in one’s mind. Dealing with it and coping with the experience is something that many people struggle with. There are healthy ways to cope and unhealthy ways.

“Talking with students even a year later they may experience pain,” said O’Connell. “If someone was raped, they may have memories triggered. To cope, people tend to use all sorts of strategies. They may engage is other sexual activity, they feel like they are damaged, they are used so what does it matter.”

Some healthy ways to cope include “journaling, researching and fitness,” said O’Connell. Healing is when someone tried to “make sense of what happened.” They try to talk through it and really understand the impact is has had on them.

Joining a support group is one healthy way to try to overcome it with the aid of others who may have had similar experiences. “It can help someone to make sense of what has happened,” said O’Connell. “Beginning to heal is about going from feeling powerless to feeling empowered.”

If you have been sexually assaulted or raped reach out to the sexual assault hotline at 1800-656-4763 or the local Cleveland Center at 216-619-6194. Testing the DNA from unsolved rape kits may be the law in Ohio but following up on the results to re-investigate the crime is not. In fact, law enforcement agencies are not required to take any action if a kit turns up a possible lead.

BCI labs test rape kits as part of the SAK initiate and recent legislation

Following a sexual assault, the assault victim’s body becomes part of a crime scene when reported to the police, hospital or a rape crisis center.

After reporting the assault, the victim can choose to have a doctor or nurse take photographs, swabs or conduct an examination of the victim’s body for any evidence of DNA. Any evidence is then collected and preserved in a sexual assault evidence kit,  also commonly known as a rape kit, according to EndTheBacklog.org.

BCI labs extract half the DNA samples for testing while the other half is put into storage in case someone ever wants to go back and retest the original DNA, Irwin said during a tour of the Richfield BCI lab.

Once the DNA is tested and the lab has the DNA profile, it is entered into a CODIS database. The DNA can only be matched with individuals already entered into the database, Irwin and Lewis Maddox, DNA technical leader explained.

“When BCI develops a profile from a kit, the profile is submitted into CODIS and then sent to local law enforcement,” said Steve Irwin, senior public information officer for Ohio Attorney General Dave Yost.

Since the DNA can only match with individuals whose DNA is already in the database for prior offenses or if they worked in the lab and had a reason to be entered in the CODIS database law enforcement was able to track serial rapists through the SAK initiative, Maddox said.

Testing the oldest kits first and working their way to the most recent kits, the BCI lab works in consideration of the statute of limitations, which is currently 25 years for rape in Ohio, Irwin said.

“Local police departments may then locate the individual, obtain a new DNA sample, and then re-submit the new sample for a confirmation match,” he said.

BCI’s current turnaround time is 20 to 25 days. Since the backlog testing initiative is complete, sexual assault kits are being tested through regular case work, Irwin said.

As of Sept. 2018, 57 kits in Portage County were sent for testing. There were eight kits from Kent State University, five from the Stow Police Department, 44 from the Portage County Sheriff’s Department and 39 from the city of Kent.

The Kent State University Police Department had no CODIS hits. Sixty percent of Stow kits tested positive and Portage County Sheriff’s Office received slightly more than 27 percent positive hits on the kits submitted to a BCI lab.

Beginning with his term in 2011, former Ohio Attorney General and now Governor Mike DeWine created the sexual assault kit (SAK) testing initiative.

As a result of the initiative, new laws were enacted to require keeping up with testing of kits and increase statute of limitations for rape cases in Ohio.

In March 2015, Senate Bill 316 began requiring that all rape kits connected to a crime be submitted to the crime labs for testing. In July of the same year, House Bill Six extended the statute of limitations from 20 years up to 25 years in rape cases.

“Law enforcement agencies are now required to submit all rape kits collected in association with a crime to a laboratory for testing within 30 days. The statute of limitations for prosecuting rape was also expanded from 20 to 25 years, with five additional years for prosecuting a case where DNA identifies a suspect after 25 years,” according to the attorney general’s website.

Senate Bill 201 requires the attorney general’s office to create and maintain a tracking system to process sexual assault examination kits statewide.

In January 2018, the attorney general announced the SAK initiative was complete. According to the attorney general’s website, a total of 13,931 rape kits left sitting in police evidence lockers were tested. Of the kits tested, 8,648 DNA profiles uploaded to CODIS only 5,024 matched to an offender.

A total of 294 law enforcement agencies from 75 counties turned in kits, with the highest number submitted by the Cleveland Division of Police, according to the attorney general’s office.

Ohio Criminal Justice Procedures Records

According to the Ohio Office of Criminal Justice Services, in 2015 majority of sexual assault incidents were reported at a person’s residences. 72 percent were recorded in a single person’s home while 22 percent were reported in multiple dwellings including apartments, condominiums, and townhouses.

In Ohio, Franklin County had the highest rate of sexual assaults reported at 163.2 percent. Followed by Franklin County, Summit County roughly 120 sexual assault cases reported during 2015.

The Ohio Office of Criminal Justice Services (OCJS) explained that Portage County’s population was not applicable or the population coverage was less than 33 percent.

There was a total of 8,447 victims reported. Ninety-four percent of the victims involved were a single victim. The average sexual assault victim reported was a 18.9 year old.

What Happens Once a Rape Kit has Tested Positive?

Testing the DNA from unsolved rape kits may be the law in Ohio but following up on the results to re-investigate the crime is not. In fact, law enforcement agencies are not required to take any action if a kit turns up a possible lead.

As a part of the backlog in Portage County, Sheriff David W. Doak said that 44 kits were submitted with 12 of those testing positive for a DNA match in the system. Doak noted that the kits submitted to the Richfield BCI lab were the last of the backlog, bringing the county up-to-date.

A statewide survey conducted by Rachel Dissell of The Plain Dealer along with other reporters found that many law enforcement agencies across the state have opted to not reinvestigate older rape cases. Not all agencies across the state responded to the survey but those who did say some 7,316 rape kits were submitted, which only accounted for a little more than half of Ohio’s backlog. Some agencies never responded to reporters, giving no real look into how they handle the backlog and testing of kits. From those more than 7,000 kits submitted, a positive DNA match was identified in 2,429 tests but only forty-three of those suspects were convicted.

Agencies across the state say it is often difficult to pursue a suspect after a case tests positive due to several reasons. They range from law enforcement struggling to find the victims again to victims no longer wanting to pursue the suspect by reopening the case. In some instances, prosecutors declined to file charges and take the suspects to court.

Former Ohio Attorney General, now Governor, Mike DeWine made testing of unsolved rape kits mandatory in 2015 to clear a backlog of nearly 14,000 kits. The mandatory testing turned up just over 5,000 DNA hits in the Combined DNA Index System (CODIS). The rape kit backlog was the result of the estimated hundreds of thousands of rape kits left untested in police department and crime lab storage areas, according to EndTheBacklog.org. According to DeWine, Ohio has completed all testing of the backlogged kits in Ohio as of February of last year. Most of the testing has occurred do to the fact that it is free to send the tests to the Ohio BCI labs.

As of March 2019, Ohio has also enacted a new rape kit tracking system that allows victims to track the status of their exam kit from the time the exam takes place through the end of the process. DeWine is hoping that having the tracking system will enhance the trust of the public in the system regarding rape kit testing. DeWine also noted that an advisory group will work to finalize the details of the program which will be federally funded. The program is believe to cost $1 million dollars after development and complete implementation.

• Editor’s Note:
• Starr Bodi- City of Kent Procedures, Ohio Criminal Justice Records
• Taylor Robinson- BCI Lab in Richfield
• Riley Benson- What Happens Once a Rape Kit Tests Positive?
• Morgan Dunlop- Psychological effects