Bfgrn
New member
That's because the provision in Obama's bill dealt with an issue related to prosecution and conviction. He sought to have this protectionary element included for the benefit of rapists, in a bill intended to help rape victims. You're really trying to drive a square peg through a round hole here, as was Obama with the amendment. The bill was supposed to protect rape victims privacy, to allow them to keep the details of the evidence private by sealing the information. Obama was okay with allowing that, under the condition that rapists could demand their accuser undergo mandatory tests and they be submitted to law enforcement without consent. His position was to stand up for the rights of the convicted rapist, and not to protect the rape victim.
I notice you are lacking an answer to my previous question about why the governor vetoed Obama's version. Is that forthcoming?
You still haven't explained HOW mandating rape tests protects the rapist. The ONLY way a rapist can be convicted of rape is when there is solid evidence. That is why those tests should be carried out immediately, follow proper protocol and procedures for legal protection from being tainted evidence. The longer those tests are put off, the less likely a conviction.
Medical Examination of the Rape Victim - The Merck Manual For Health Care Professionals
If patients seek advice before medical evaluation, they are told not to throw out or change clothing, wash, shower, douche, brush their teeth, or use mouthwash; doing so may destroy evidence.
Evidence that can provide proof of rape is collected; it typically includes clothing; smears of the buccal, vaginal, and rectal mucosa; combed samples of scalp and pubic hair as well as control samples (pulled from the patient); fingernail clippings and scrapings; blood and saliva samples; and, if available, semen (see Table 1: Medical Examination of the Rape Victim: Typical Examination for Alleged RapeTables). Many types of evidence collection kits are available commercially, and some states recommend specific kits. Evidence is often absent or inconclusive after showering, changing clothes, or activities that involve sites of penetration, such as douching. Evidence becomes weaker or disappears as time passes, particularly after > 36 h; however, depending on the jurisdiction, evidence may be collected up to 7 days after rape.
A chain of custody, in which evidence is in the possession of an identified person at all times, must be maintained. Thus, specimens are placed in individual packages, labeled, dated, sealed, and held until delivery to another person (typically, law enforcement or laboratory personnel), who signs a receipt. In some jurisdictions, samples for DNA testing to identify the assailant are collected.