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The Kit

2023/12/1
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Criminal

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Cynthia Geary
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Julie Valentine
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Marty Goddard
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Pagan Kennedy
播音员
主持著名true crime播客《Crime Junkie》的播音员和创始人。
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Marty Goddard:在20世纪70年代早期,我目睹了芝加哥性侵犯案件中证据收集的严重不足,以及警方对受害者的不当对待。这促使我开始设计一种证据收集工具包,以改进证据收集流程,并确保在每个阶段都有人对证据负责。我与警方、检察官和医院工作人员合作,克服了资金和社会偏见等重重困难,最终成功地将我的工具包推广到全美各地医院。这个工具包不仅仅是一个简单的盒子,它代表着一种新的证据收集方法,以及对性侵犯受害者的尊重和保护。 Pagan Kennedy:在20世纪70年代早期,人们普遍认为儿童性虐待非常罕见,并且常常责备受害者。警方的普遍态度是,如果有人遭受性侵犯,调查也没有意义。Marty Goddard 的工作改变了这种状况,她的工具包使得收集和保存证据变得更加容易,也提高了性侵犯案件的起诉率。 Cynthia Geary:我和Marty Goddard 一起走访了各地警局,收集信息以了解性侵犯受害者如何被处理。我们发现,警方的偏见和缺乏培训是导致许多案件无法成功起诉的主要原因。Marty Goddard 的工具包和我们收集的信息为警务改革提供了重要的依据。 Julie Valentine:法医护理学的发展提高了性侵犯受害者的护理水平,现在有国家协议指导性侵犯受害者的检查,尊重受害者的自主权。DNA 技术的进步使得可以从更少的样本中提取DNA,这极大地提高了证据的可靠性。尽管科学技术进步很大,但性侵犯案件的起诉率仍然很低,这与社会上普遍存在的强奸神话和对受害者的不当提问有关。 播音员:本集讲述了Marty Goddard 如何在20世纪70年代设计并推广一种性侵犯证据收集工具包的故事。她的工作改变了性侵犯案件的处理方式,对受害者的保护和案件的侦破都产生了深远的影响。然而,即使在今天,性侵犯案件的起诉率仍然很低,这提醒我们,还需要继续努力,才能真正实现对性侵犯受害者的公平正义。

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Hi, it's Phoebe. We're heading back out on tour this fall, bringing our 10th anniversary show to even more cities. Austin, Tucson, Boulder, Portland, Oregon, Detroit, Madison, Northampton, and Atlanta, we're coming your way. Come and hear seven brand new stories told live on stage by me and Criminal co-creator Lauren Spohr. We think it's the best live show we've ever done. Tickets are on sale now at thisiscriminal.com slash live. See you very soon.

This episode contains discussion of sexual violence. Please use discretion. In 1972, a woman named Martha Goddard—she went by Marty—was working for a non-profit foundation in Chicago. She was 31.

One day, she was asked if she would join the board of an organization that ran a crisis hotline for young, unhoused people. And I joined their board of directors. I was asked to do that. This is an oral history recording of Marty Goddard from 2003. Part of being a board member was we had to do phone, answer the phones and be trained on that so we'd understand what our staffs went through. She started answering calls on the crisis hotline.

In the early 70s, people often called kids and teenagers living on the streets runaways. But as Marty talked to more and more of them on the phone and got to hear their stories, she realized that there was more going on than most people assumed.

That gave me a great foundation for finding out why were these kids leaving? What was the problem? And it was not just runaways, kids who just weren't wanted by their families or guardians, but so many of them had to leave home because they were sexually abused. And I was just beside myself when I found the extent of the problem.

They did not run away to be hippies and, you know, kind of join the circus. They were fleeing unsafe homes. Journalist Pagan Kennedy has researched Marty Goddard's life and work. The general attitude of police departments was that if somebody was sexually assaulted, there was no point in investigating. You could never prove it because the victims were liars. It was just completely the norm to think that way.

And the way that we would now see anybody under 18 as being a victim of child abuse if they were sexually exploited, that line didn't exist. If those kids were assaulted or they were fleeing from an abuser, they would be blamed. Paken Kennedy writes that in the early 1970s, people believed that child sexual abuse was very rare.

A psychiatric textbook said that incest only happened in one in every one million families, and that when it happened, the children had often, quote, initiated it. So there was really this attitude that these girls who were ending up on the street, they were a criminal element, and they would often be taken off the street by cops and then...

If they ended up in the juvenile detention center, they could be assaulted again. And Marty was just so upset with how the police were coping with this, where these girls were sort of treated as criminals, and this complete unspoken world of child abuse that was going on. Marty Goddard wanted to do something. She started introducing herself to what were then called anti-rape activists in Chicago—

She met a woman named Cynthia Geary, who at the time worked for the ACLU. Marty was a person who got outraged when she encountered injustice. Cynthia Geary. And so she kind of recruited me, I would say. Both Marty and Cynthia often traveled for work. Every city we went to, we would walk in cold to the local police department.

And we would say, "We'd like to know, we'd like to talk to someone who could tell us what's happening in your city and state regarding victims of rape. How are they handled, da-da-da-da." And back in those days, the doors were open. So we amassed information, then we'd take it all down and we'd start writing things. Well, it looks like it's because of this or this or this or this, and here's what Iowa's doing and here's what New York's doing and here's... so forth.

They compared their findings from other states with what was going on in Chicago. It wasn't just the young people that Marty had been talking to. The problem was much broader, and women all over the city were reporting that they were afraid. One activist wrote that sexual assault in Chicago was, quote, epidemic, and that it was, quote, not a city you wanted to venture out into after dark.

There was suddenly this kind of awakening in around 1974 where a lot of female activists were calling for something to be done about the huge amount of sexual assault in the city at that time. So Marnie Goddard got involved with that. In 1973, only about a tenth of sexual assault cases in Chicago were reported, and only about a tenth of those cases went to trial.

Few perpetrators ever ended up in prison. One 1973 police training manual from Chicago read, quote, "...many rape complaints are not legitimate. It is unfortunate that many women will claim they have been raped in order to get revenge against an unfaithful lover. Police officers would routinely ask survivors of an assault what they've been wearing and whether they might have provoked an attack."

One day, a group of about 70 women marched into the office of the state's attorney, a man named Bernard Carey, to protest the state's failure to prosecute rapists. They posted messages on the walls of his office. One of them read, Wanted, Bernard Carey, for aiding and abetting rapists. And then...

Marty Goddard decided to try to talk to the state's attorney herself. I went cold into the state's attorney's office and I asked to see him and don't ask to this day how I got in, but I did. And he said, look, we've got a problem. I don't know what the answer is, but how would you like to kind of work with us to work it out? I said, great, but we need the cops in on this.

So Marty Goddard met with a police sergeant, and then with the president of the hospital council, so she could assemble a group to investigate. I said, give me your best people, two of your best people. The two best police officers, the two best prosecutors, and the two best hospital people. And make it nurses, thank you. So they did, and we tore the issue apart.

The problem was we weren't able to apprehend very many people, and when you did get somebody in custody, you couldn't prove your case. Marty Goddard went to the crime lab of the Chicago Police Department and asked to talk to every single employee, at every level, about rape cases. She wanted to know what evidence they collected. And said, what is it that you people need?

Well, nobody had ever come in there and asked them before. We got every... In one day, we were so overloaded with information, we didn't have a tape recorder, so we had to scramble and take notes. And basically, here's what they told us. They said, we don't get evidence. And this really kicked everything off. Marty Goddard was told that many of the cases were so-called he-said-she-said situations. The account of a victim wasn't enough.

In the old days, it was the victim's fault, okay, or it was consensual, or, okay, she may have been raped, but it wasn't me. And then I thought, well, if what I'm hearing is correct, you all don't have any evidence, so how can we prosecute successfully? Even if you arrest somebody, so then what do you do to solve that problem? Marty Goddard had an idea. I'm Phoebe Judge. This is Criminal. ♪

Marty Goddard spent more time with the employees at the Chicago Crime Lab, and she also tried to find out what happened when someone who had experienced a sexual assault got to a hospital. What she learned from all these different interviews and conversations she had was that when, and I'm saying a woman because at the time there was very little awareness of women,

sexual assault that happens to men. So if a woman was assaulted, generally she would go into the hospital or the police would take her to the hospital. And then she's taken in for an examination.

The staff is very focused on just treating her and not on collecting evidence. So they would take off all her clothes. They might cut open her clothes. And so if there were stab marks or whatever, they wouldn't capture any of that. They would sort of make an attempt to take some swabs, but nobody had taught them how to take swabs.

swabs in a way that would work for the crime lab. So they might stick slides together in a way that everything would get sort of mushed together and the evidence would be no good. So the evidence that they collected, nobody had told them how to do it the right way. And so it usually would not be in a state that was very usable for the crime lab. Even if the evidence was collected at the hospital,

Pagan-Kennedy says police could still elect not to look at it if an officer didn't believe a victim. Ultimately, the decision belongs to the police officer or detective. And if this woman seems like she's—they called it crying rape. If she's just, you know, trying to get back at her boyfriend or she's a prostitute or she's whatever. For any reason, you don't really have to collect the evidence.

And that was very much the attitude. When a survivor of a sexual assault was taken to the hospital, there were very few systems in place. If your clothes were collected as evidence, the hospital may not have any others for you.

Here's Marty Goddard. If you don't have replacement clothes and you're going to take the patient's underwear and jewelry and shoes and nylons and slip and their dress and their coat in the winter in Chicago and put them in bags, turn them over to the crime lab, well, excuse me, but what is she supposed to go home in? And I'm telling you for sure, not only did I see this, but I've heard too many horror stories around the country.

Victims were sent home in those little paper slippers, and they were sent home with a paper or cloth, hopefully cloth gown, one in the front facing front and the other tying around the back. That's what they got sent home in. And they were put in marked cars like the Chicago PD or the Sheriff's Department or whatever and driven home. Now, gee, don't you think your neighbors are going to wonder

Why you're in a police car and why you're dressed in paper slippers and two surgical gowns? Well, of course. And not everybody wanted to tell their mom or their husband or their roommate that they had just been raped. So a lot of people wouldn't call.

She had a very good idea of what was going wrong, of the way evidence was being thrown up, out, or never collected at all, the bias that the police departments had against the victims, of the abuse of victims, and of just the pure incompetence. Pagan Kennedy. She was aware of the whole range of problems that were happening.

preventing sexual assault evidence from being collected in a scientific manner. Marty Goddard wanted to change the way that evidence was collected in hospitals and make it clear to police officers, hospital workers, and crime lab technicians what they each needed to do. She got to work creating what she called an evidence collection kit. She had a very clear idea of what would be in it, and it would be, you know, swabs, it would be evidence samples,

This is pre-DNA, so it's pretty simple. It's not high-tech by any means. The rape evidence collection kit would include things like nail clippers, slides, and a comb for collecting hair. But I think the most important idea that the kit had in it was that it would have a

where the people in the hospital who did the forensic exam, they would sign off on it. The kit would include a sign-off sheet and even a pencil. And then it would go to the crime lab and whoever opened the kit would sign off. And so the kit would, at every stage, there'd be somebody taking responsibility for it. We'll be right back.

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Start Ritual or add Essential for Women 18 Plus to your subscription today. That's ritual.com slash criminal for 25% off. Marty Goddard was born in 1941 and grew up in a suburb near Detroit. When she was young, she became passionate about racial equality and women's rights. Marty clashed with her father as a teenager and tried to run away from home.

Pagan Kennedy says she thinks that's what made Marty so concerned with family violence. Marty lived in New York City for a while, working as a secretary before she moved to Chicago and started her nonprofit job. She was a great storyteller, and she could bring the issues that she was interested in to life. Cynthia Geary. Marty did not have a college degree.

She was surrounded, I mean, in the foundation world, everybody's got doctorates and everything else. That's why she needed a whole new approach. Her approach was person to person. And Marty was kind of a paradox in that she was so effective socially, but was terrified of any kind of public speaking.

And that's why she recruited me. She needed a person to go up to the microphone. That wasn't her calling. Her calling was to go and meet people that were experiencing something, getting to know them, and then sharing their stories one-on-one. Marty Goddard had been told that if she wanted her evidence collection kit to become a reality...

She'd need the support of a man named Louis Vitullo, the head of Chicago Police Department's microscope unit. My memory of it is that she went in unannounced. So she walks in with her plan for a rape kit. Now, Louis Vitullo is kind of a gruff person. He does not think about what he's saying before he does it often. Basically, um,

He kicked her out. Marty called me after this happened. I didn't even know she was going to go try to do this. I probably would have tried to dissuade her from trying. But she called me and told me about it. I'm trying to convey some of her raw humor. Because she was funny, wasn't she? Yeah, very funny. And it was kind of like, oh, she said, well, that didn't go so well.

But one day, Louis Vitulo suddenly called Marty Goddard and said he had something to show her. So she went to his office. It turned out Vitulo had studied her plans and had created a prototype of Marty Goddard's rape kit. But the city wasn't going to pay to produce these kits. So Marty Goddard cut back her hours at her day job and started a non-profit to try to make them herself. She needed money,

But she says prospective funders didn't want to go near it. All they did was want to fund the, no offense to the groups, the YWCA and the Girl Scouts. And that's it. That was the end of their obligation for women's and girls' programs. Most of the foundation and corporate people were male. And they held the big money. So they held the purse strings. And it wasn't loosening up. They didn't get it.

They didn't understand, and I understand because that was my dad's generation. So they didn't under—you didn't say the word rape, okay? Not in public and not in private. You didn't say, talk about that stuff. So the money wasn't going there. Nobody would give me the components, the combs and the slides and the swabs and the folders and the paper bags and the printing materials and the box and the evidence tape. They wouldn't give it to me. And I didn't have any money, not enough to fund that up front. She didn't know what to do.

So she talked to a friend named Margaret Standish, who worked for the Playboy Foundation. In 1965, Hugh Hefner created the foundation to support causes that he personally believed in. And I said, Margaret, I'm in trouble here, and I can't get this product manufactured. Nobody will send me anything. And they gave me $10,000. And I took a lot of flack from the women's movement, but too bad.

I got to tell you what, I said if it was Penhouse or Hustler, no. But Playboy, please give me a break. There was an enormous building in the middle of Chicago with this neon sign on it that said Playboy. Playboy was making money hand over fist. It had its clubs with the bunnies and it had magazines. It was this huge empire. Hugh Hefner was very committed to

giving money to civil liberty causes, especially free speech causes. But Hefner really saw sexual assault as an issue related to sexual freedom because if women were afraid of being assaulted, of course, they couldn't be sexually liberated, and that meant men couldn't be as sexually liberated. So he was actually very interested in

helping victims of assault and getting this to be a conversation. Marty Goddard now had the components to put together 10,000 rape kits that she would distribute across Chicago as part of a pilot program. But she was short on staff that could assemble the boxes. Her friend at the Playboy Foundation, Margaret, had an idea.

She said, "I've got this great idea, Marty. You're not going to believe this." I said, "What is it?" She said, "Well, everybody just loves the Playboy Bunny, and we have all these older women, senior citizens, and they want to do something. So we're going to provide the sandwiches and the coffee and the juice, and we're going to invite them up to the Playboy offices, and we're going to give you a huge room with all these assembly tables, you know, folding tables.

We're going to have the components shipped to Playboy, and we're going to set everything out, and you come in and decide how you want it done, train them, and they'll do it. And that's what they did. Well, they were so excited. There were so many people up there. And the word got around, guess where we get to go today? And they give us the stuff to eat and everything. And, well, everybody wanted to come downtown Chicago then after they heard that. They called the kits the Vitulo Kit.

after Sergeant Louis Vitullo from Chicago's police department. The rape kit was branded in Vitullo's name for a long time. You know how Marty felt about that? I think she thought it was a very smart thing to do. I think she may have even done it. She knew that his support was critical. And it wasn't just because he was a man. It was because he directed the forensics department. So having his name on it

made it recognizable as something to take seriously in the city of Chicago. An article in the Chicago Police Star headlined, Vitulo's Rape Evidence Kit is an Aid to Victims, featured a photo of Vitulo holding the kit. On September 14, 1978, Marty Goddard's rape kit became available in hospital emergency rooms for the first time.

One newspaper article called the pilot program she had designed in Chicago, quote, the first of its type in the nation. The kit included a checklist for medical examiners and detailed instructions on how to seal and secure the evidence they'd collected. The medical examiner was instructed to hand the patient a card included in the box, which had information about where to find counseling.

By the end of 1978, staff from 72 hospitals had participated in a training seminar created by Marty Goddard's nonprofit. The seminar included presentations on forensic science and victim trauma. There was a lot that wasn't in that cardboard box. The idea that the hospital's staff had to be trained, the

Police department had to be trained. They had to be brought together in training sessions to work together. And then the hospital staff, if they were going to go to court, they had to be trained to talk about how they had collected evidence before a jury. The evidence collected from these new rape kits made its way into courtrooms. What really made the difference was that they were getting evidence

a person in a lab coat, whether it was a doctor or nurse, to stand up in front of the jury and say, here's exactly what I did to collect information from the survivor, from this victim. Here's the swabs. Here's the photographs of her injuries. Here's what I documented. And instead of having the evidence

Victim herself speaking up, you see a person in a lab coat who has scientifically collected evidence. It was a system for collecting scientific evidence and making sure that evidence was good. But it was also a piece of theater because in front of the jury, you have a person in a lab coat. That person in the white coat can tell the story of

of this woman who's assaulted and be believed. It's a theater of belief, whereas juries might be very, very hostile to, especially if a woman's making an accusation against a more powerful man,

She would not be believed. And so if you take that all and you put that in a white coat and you have a kit, it really takes the burden of belief off of the survivor herself. And unfortunately, it was a workaround for a very broken social fabric of belief.

In 1979, a 28-year-old man was sentenced to 60 years in prison after abducting and raping a bus driver in Chicago. Marty Goddard's kit had been instrumental in securing the conviction. Marty Goddard said that in the early 1970s, the media would hardly ever write about sexual assault, but that gradually started changing. The media now starts catching up. And gee, it isn't so taboo. You can actually write about this stuff.

And you had to educate them. They didn't know anything. They didn't even know what the legal definition in their state was for rape. She says that one day she picked up a copy of the Chicago Tribune. There was this big article in it that said, last night a blonde-haired, 23-, 25-year-old waitress at the blank who lived on the block, 2300 block of blank, got raped. I...

Nearly lost my mind. I called Cindy and I said, "We've got to meet with these people." So we walked into the Tribune. We wanted to meet with the editor and we did. He had his whole staff in there and we sat down and we were very calm and we said, "This is why we're having a problem. Here's what the article said." But we didn't say the name. I said, "Listen to me. 23-year-old blonde waitress and you named her place."

which was right around the corner from me. So all I had to do was walk up to that restaurant, I'd know who it was, you know, when she came to work. And I said, "It wouldn't matter if you gave her name now." At first they were very defensive, and I gotta tell you, they apologized and never did it again. Today the names and details of survivors of sexual assault are generally not printed. One by one, do you see how long this can take? One incident by one incident by one incident. It took forever.

She said that one day, a colleague showed her a greeting card she'd found in a store. And it said, help stop rape on the front of the card. Open it up, and it says, say yes. I just cannot tell you. These were in the Hallmark stores, pardon me. So I sat down, and I wrote a letter to the company, and I didn't threaten a lawsuit. I didn't call them names. I just said, look, this is really offensive.

And do you, I'd like to meet with you. Do you understand what's happening? You guys, I'm sure, think it's funny, but it's not funny. One day, Cynthia Geary received a call from Marty. She knew Marty had been on vacation in Hawaii. And Cynthia remembers assuming Marty was calling to tell her about it. And I said, how was it? And there was a silence. And then she just said, I was raped. And I was shocked. She never talked to me about the details.

And then she had to go back and talk about sexual assault every day in her work. Yes. I mean, that is all a mystery. She was able to not only lead training classes, but to do it on a topic that most people would fumble around trying to come up with the language. And yet she kept her sense of humor, too, while she did it.

I don't know how she held it all together. Marty Goddard kept working. She wanted her rape kit in hospitals across the country. And gradually, that started happening. As Chicago created this system in the late 1970s and early 80s, it was getting national attention, and this idea was really catching on. Marty was constantly traveling to train people.

She once joked that she didn't know how her cat survived those years. She was always on the road. And then, in 1983, Marty Goddard felt that the rape kit was so widely used that her organization's work was done. Imagine how many years it took us to go state's attorney to state's attorney to cop to detective to

to deputy, to doctor, to pediatrician, to nurse, to nurse practitioner. It took forever, but I felt driven. I felt that after seeing all the kids and the adults and other experiences in my life, I felt absolutely driven. I felt I had to save the world, and I was going to start with Chicago.

In 1983, a medical company took over production of the kits. And by 1987, almost a dozen companies were producing them for hospitals all over the country. We'll be right back. In 2009, prosecutors entered a warehouse in Detroit. The local police department used it as a storage facility. At the warehouse, they discovered more than 10,000 rape kits, which had been collected but never tested.

Some of the untested kits dated back to the mid-1980s, back when Marty's idea for the kit was finally catching on. They just put them in this abandoned, falling-down warehouse. Dr. Julie Valentine is a forensic nurse and a professor who studies sexual violence. So then it was like, wait, if they found all of these

Rape kits that were just being stored in Detroit. What about other areas of the country? It turned out lots of other cities and states had big backlogs of rape kits. There were hundreds of thousands of them. The state I live in, in Utah, when I started working in 2006, I started asking, so what happens with all these rape kits we collect? And the answer I got from everyone was, we don't know.

And when you think about it, I mean, is that insane that we weren't tracking this? I'm an old ICU nurse. In ICU, you track everything about your patients. And here we're collecting evidence from these violent crimes from people and not tracking what happens with this evidence. So nationally, there was a big push on, let's find out all across the country what the backlog is.

There have been a lot of explanations offered over the years, including that some police departments don't prioritize sexual assault cases, either because of bias or a lack of training. Often the problem is attributed to a, quote, lack of resources. Testing a rape kit typically costs between $1,000 and $1,500. Pagan Kennedy writes that funding has always been a problem, ever since Marty Goddard had to fundraise to get the kits produced.

Sometimes, survivors of sexual assault have paid to have their own rape kits tested, and non-profit organizations have raised millions of dollars to test kits. In 2016, the Justice Department announced a new $45 million program to reduce the number of untested rape kits in the U.S.,

and improve police training. The next step then was to say, "Hey, we can't let this happen anymore." So many areas of the country, many states have now passed laws mandating the submission and testing of all sexual assault kits. Dr. Julie Valentine says systems have been developed to track each kit. In a study published in 2016, Dr. Valentine sampled testing sites in Utah

and found that only 38% of kids were submitted for testing. Now we've gone from 38% to 99%, which is awesome. There's now a specialized field of nurses who care for patients who've experienced trauma.

Forensic nurse examiners. They will care for patients through a sexual assault medical forensic examination with always the first focus being on the patient, holistic care of the patient to hopefully begin their recovery.

Secondary is collecting evidence in a sexual assault kit. And so it was really the nursing influence along with the kit

that created the changes that we have today. Dr. Julie Valentine says forensic nursing has existed since the 1990s, when a group of nurses across different states were unhappy with how sexual assault victims were treated in emergency rooms. And they said, what if we developed a new field of nursing where we provided services

guidelines on how to care for victims of rape and domestic violence. When a survivor reports a sexual assault, we have national protocols that guide the examination. First of all, immediately, they should have their trauma acknowledged. They should be able to be placed in a private room.

An advocate should be called to respond

And along with that, then a forensic nursing team will be notified if there is a forensic nursing team in that area. If there's no forensic nursing team, Dr. Julie Valentine says the exam will be done by an emergency room physician or nurse. The examination should be completely the patient's choice. And I'm going to switch now to the term of patient here.

rather than survivor because in my world, they are my patients. And sexual assault and rape completely take away an individual's autonomy and control. And one of the first things that we do when we go in to see a patient is try to restore that

And so we give patients choices. The choices range from receiving resources, receiving medication to prevent sexually transmitted infections and pregnancy, and that's it.

Or they can receive all those resources and also have evidence collected if they report within the timeframe of that jurisdiction, which should be at least up to five days after the sexual assault. And with this evidence collection, they can choose to have something called a restricted kit or a non-restricted kit.

So a restricted kit means that they do not want to talk to law enforcement right now. It means that that sexual assault kit is held, and the national guidelines are that it should be held for up to 20 years. Because so many times after trauma, patients just aren't quite sure what they want to do. Remember that most sexual assaults are committed by someone they know.

And so giving them choices, letting them decide if they want certain parts of evidence collected, not certain parts, if they want photos taken, not photos, that's a really, really important part of the sexual assault medical forensic examination. Marty Goddard's original rape kit was kind of a small cardboard box that had a comb and slides inside.

How has the actual rape kit changed and evolved over time? The sexual assault kit in some ways has changed a lot. The outcomes in some ways have not changed. Now we collect evidence with the focus on obtaining DNA from

Our abilities to develop meaningful DNA data have gone from when the DNA first started, you really needed about a quarter size of bodily fluids to now helpful DNA profiles can be developed from just a few cells.

So that then brings up the additional challenge, since the DNA testing and interpretation is so much better, that we have to be very cautious about making sure that we have a very clean environment and do not introduce any extra DNA samples.

So examiners should be wearing masks now. Obviously, we're going to be wearing gloves when we collect. But now the kit consists of swabs with the focus of finding DNA that is not the patient's or victim's. There's now also a suspect evidence collection kit, where DNA can be collected from a suspect in a sexual assault case.

And today, medical examiners can even collect what is called "touch DNA." Dr. Julie Valentine says touch DNA can make it possible to collect evidence in, for example, groping assault cases. In the United States, the FBI manages a DNA database, CODIS, where DNA profiles of perpetrators and people who've been arrested are stored.

Then you have the capabilities of linking cases. That is huge. So that has helped substantially. But I think what hasn't sadly changed as much as we need it to is when Marty started out and developed these kits.

The focus was to improve the outcomes for these victims, to improve the prosecution of these cases. And that's where we still see a huge lag. Scientifically, forensically, wow, we have made huge strides. But when we look at

What's the outcome? Are we truly making a difference? What's happening in these cases? And sadly, we still see very low prosecution. I mean, why? Just sorry to interrupt. Yeah. I mean, the evidence is there. What is the problem? So there's several problems on this low prosecution. I think we still...

have a very prevalent rape myth that there's a lot of false reporting in rape.

And when people think like that, then what ends up happening is you have a victim who doesn't report because they feel like, "No one's going to believe me. I'm going to be questioned. I'm going to be seen as, 'Well, what's wrong with her? Oh, was she—you know, there's still a lot of victim blaming. Oh, she was with that guy. Oh, she was out till 2:00 in the morning. Oh, she invited him to her apartment. What did she expect?'"

And when people think like that and assign blame to the victim for this and then question the victim's motivation, we have very low reporting rates. But then that also affects how law enforcement handles these cases in many instances, not all, how prosecution handles these cases and what a jury decides about

many victims will have a sexual assault kit collected. They'll want to talk to law enforcement. But when they talk to law enforcement, if they are met with any questions that imply that, hey, you had something to do with this, or you share some blame in this, or, hey, you need to know this is going to be really hard, and you're going to be dragged through the mud, and

Are you sure you really want to do that? We found that a high percentage of victims say, you know what, I'm done. I don't want to do this. That is the area that is really, in my opinion, the next frontier that we need to address.

Battling it just like Marty was battling it. Absolutely. We need everyone. We truly need everyone, men and women. This is not a women's issue, right? When we say it's a women's issue, we diminish the impact. We also diminish the many men that are impacted by sexual violence. This is a societal issue, and I see firsthand the effects. Rape is shattering.

The development of sexual assault kits is an important first step in bringing perpetrators to justice. But we need the buy-in of everyone to actually make that happen. In 2022, the Smithsonian acquired one of Marty Goddard's original kits for its permanent collections. In a statement about the acquisition, the museum wrote that the kit, quote,

continues to stand as an enduring and powerful innovation today, as a sexual assault is attempted every 68 seconds in the United States. Criminal is created by Lauren Spohr and me. Nadia Wilson is our senior producer. Katie Bishop is our supervising producer. Our producers are Susanna Robertson, Jackie Sajico, Lily Clark, Lena Sillison, Sam Kim, and Megan Kinane. This episode was mixed by Emma Munger. Engineering by Ross Henry.

Fact-checking by Michelle Harris. Julian Alexander makes original illustrations for each episode of Criminal. You can see them at thisiscriminal.com. Thanks to the oral history of the Crime Victims Assistance Field Video and Audio Archive at the University of Akron Archives for letting us use Marty Goddard's oral history interview. You can watch the full interview with Marty on the university's website and on YouTube.

We're on Facebook and Twitter at Criminal Show and Instagram at criminal underscore podcast. We're also on YouTube at youtube.com slash criminal podcast. Criminal is recorded in the studios of North Carolina Public Radio, WUNC. We're part of the Vox Media Podcast Network. Discover more great shows at podcast.voxmedia.com. I'm Phoebe Judge. This is Criminal.