In response to Fed Up With Rape Straw Man Arguments:
Part I – Manditory rape kit processing: "The post describes how Illinois Attorney General Lisa Madigan helped draft her state's Sexual Assault Sexual Submission Act that mandates that law enforcement must submit untested rape kits for testing within 10 business days of receiving the kit from the hospital and that labs must analyze the kits within 6 months of receipt. Moreover, it calls for all outstanding rape kits in local law enforcement to be tested."
Here's the straw man argument: "When pressed about why so many rape kits were allowed to sit in the pipeline of the proper channels for so long, Madigan gave a frank response: 'I fear it's because our law enforcement doesn't take crimes against women seriously.'”
Hey wait! I thought LE was falling all over themselves to ”rubber stamp” FRA’s? How can this be that they aren’t bothering to test rape kit sin their zeal to convict innocent men, Arod99k? [/snark]
Well, to be serious about this issue of not processing every single rape kit, one can first address the substantial costs -- $1,500 to $5,000 each -- of doing so. And, one can also assess the likelihood that any given rape kit will yield anything meaningful.
Plenty of SANE examines conclude that there is not indication of penetrative trauma, but, a SANE nurse cannot (by law) refuse to collect a specimen, even where they find no obvious evidence of semen or hairs. They still have to take swabs. And, this includes instance in which the alleged victim herself does not even know if sex occurred.
Ben Roethisberger’s more recent situation is a good example of this. She first denied any sex, then wasn’t sure, then was sure – but, of course, since Her rape kit was processed, we know that neither semen nor any of his DNA turned up. $1.5k to determine that her first account was the accurate one. Money well spent – if you’re the innocent suspect who isn’t footing the bill for it.
And, we have seen accounts that tell us that many of the rape kits that are processed end up “outing” the FRA – like that one some months back where the woman claimed to have been raped to cover-up infidelity, only to have her lover fingered by his DNA via another crime years later. Hum? Maybe testing more kit will turn up more FRA’s.
How many will end up showing no sex, and that it was all just for sympathy, attention, or victims assistance money? How about the women who turn out to have been obviously lying getting the bill for the cost of testing?
Part II – Stigma?: Illinois Attorney General Lisa Madigan - "…there is still a stigma against those who accuse others of rape.”
I think she meant to say sympathy, concern, and wagon-circling protection for instead of stigma against, not to mention metal health care and victims assistance monies. If there really were this supposed stigma against rape victims, then women wouldn’t be so damned flippant about making the many false allegation of rape that they do.
Archivist - ” A rape accuser is rarely called a "slut" or a "drunk" or a "tease" even after they've behaved in that manner.”
Exactly!
Archivist - ” The only rape stigma is that which sticks to falsely accused men or boys: the stench of a false rape claim is more difficult to remove than skunk odor, and it often trails false rape victims for life.”
Ah! The unvarnished truth! It’s only the men (and some times women) who get accused who suffer any stigma and consequences thereof. Even the liars who are found out can still expect to get support and sympathy from most, if not all quarters. Hell, even LE sometimes provides it – take “Danmell Ndonye”, self-confident empowered slut, re-imagined as “troubled young women”, for example. Then look at the innocent men who’s lives are turned upside down or ruined entirely – who are even denied victims assistance help, even though they were the true victims of a crime. And, do note, even when false accusers are found to have lied, they are not required to repay the monies they fraudulently obtained – again, with no stigma attached. If they come back in, the next day after admitting that they lied before about being raped, and make a new allegation, they will be given more money, no questions asked.
Part III – The mishandling of those falsely accused: ”Hofstra was a microcosm of the way men and boys accused of rape are treated in our purportedly enlightened society. As we have proven time and time and time again on this blog, rape accusers who tell even far-fetched rape lies are nearly universally believed while men and boys accused of rape are nearly universally vilified.”
Indeed it was. Sadly, the police acted as though they “had to” stop a gang of kidnapping gang-rapists, although there was no practical expectation that they would “strike” again. The police simply fell into their all too common white-knighting personas, and dutifully arrested the young men on the word of Danmell Ndonye alone. And, worse than that alone, they went beyond the protocols of their duties in further harassing the young men, and no doubt encouraging other criminals in holding to believe the worst of those men. Having done that SHOULD be a friable offense, needed to send a message to other officers about the way they handle suspects.
Still, despite what some on this forum have been saying, the real problem was the initiator of the hoax, Danmell Ndonye. She did, after all not only claim that she had been forcibly gang-raped, but also that she had been tied up. It’s hard to argue that the police should have done nothing, but it is reasonable to expect that they simply contact the accused, and ask them to come in for questioning. “Perp walks” and excessively aggressive handling are simply not needed for suspects who are willing to cooperate. For the sake of men who will be falsely accused in the future, it is imperative that the word be gotten out to LE about the correct way to deal with these situations. Even when the allegation is a of violent kidnapping and forcible rape, there is still far too likely a chance that it is a lie to not assess the alleged suspects reaction upon being contacted by police. If he doesn’t try to escape, there’s no need to arrest him on the spot. This is all the more true when the allegation is of a date-rape.
But, of course, even when the police do get it right, and see through a claimants lies and changing stories, falsely accused men are still harmed by other elements of society – the press, and the public. Just look at….
"…it was Roethlisberger who was suspended for four games (even though he was never charged with a crime), vilified by football fans across America and nearly driven out of Pittsburgh. The woman's conduct was almost universally given a pass.”
Tuesday, October 5, 2010
slwerner responds to "Fed Up With Rape Straw Man Arguments"
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23 comments:
"It is difficult to get a man to understand something, when his salary depends upon his not understanding it!"
--Upton Sinclair
this is essentially the argument made by Scott et al on here.
he has a point.
"Hey wait! I thought LE was falling all over themselves to ”rubber stamp” FRA’s? How can this be that they aren’t bothering to test rape kit sin their zeal to convict innocent men, Arod99k? [/snark]"
Slwerner, I really fail to see what the point of this is. By your own acknowledgment, testing rape kits often works against the accuser and in favor of the accused.
So what we are left with is this. Law enforcement is often failing to carry out a procedure which is:
a) prohibitively expensive, and
b) often helps the wrongly accused rather than the accuser.
According to you, this is proof that LE does not have it in for innocent men. Sorry, but I fail to see the logic here.
Slwerner, on thread after thread you seem to clutch at just about any straw you can to try to minimize the role that law enforcement plays in this problem. Your defenses are becoming more shrill and desperate as time goes on. I guess some of these guys have got to you. But really, why do you get so ouchie over this issue?
Mr. SlWerner, APPLAUSE! Great job!
Nick S. - "Slwerner, I really fail to see what the point of this is"
It was a bit of a shot at Arod99k's assertion that "NO ONE" in LE is looking for the truth
Arod99k - "Unfortunately no one is looking for the truth, but rather we have a criminal justice system that rubber stamps criminal charges and false rape accusations."
Nick S. - "Slwerner, on thread after thread you seem to clutch at just about any straw you can to try to minimize the role that law enforcement plays in this problem"
No! I try to bring some balance to the arguement as laid out by Arod99k, et al. that (in his words) "the women making aren't the problem", an that it's only, ever LE.
Look at all the recent articles in which LE has done their jobs correctly, and outed the FRA without arresting any innocent men in the process.
Still, you anti-LE types blame the police? Really?
You guy's (maybe now you, but the guy you're sticking up for) even blame LE when they are not involved, and innocent men suffer from vigilante justice. How is it that women can be seen as "not the problem", Nick? How is that the police are to blame? Arod99k believes it to be self-evident that LE is always to blame, and that none of them are ever out for the truth. Yet, you see me as "shrill and desperate" for pointing out that they often do it right?
My point to Arof99k was that, as in the matter of processing rape kits, the police are not doing everything they can to rail-road innocent men, as evidence by the obvious fact that rape kits are left unprocessed lacking some compelling justification for the expenditure.
Of course, Arod99k's painfully obvious intend, since his recent arrival here, has been to try to transform the FRS into a no-holds-barred anti criminal justice system forum. He's been posting about his issues with LE that are not even particularly relevant to the issue of FRA's.
Of course, when I suggest that he should start his own blog to air his grievances, he informed me that this was, in fact "HIS BLOG".
I'm wondering, Nick, do you ever read any of the stuff he's posting, or do you just selectively read my posts looking for a chance to take issue with me?
"So what we are left with is this. Law enforcement is often failing to carry out a procedure which is:
a) prohibitively expensive, and
b) often helps the wrongly accused rather than the accuser."
Yes, but if it is a case that is no longer being investigated or prosecuted, how is gathering even more exculpatory evidence helpful?
My point to Arof99k was that, as in the matter of processing rape kits, the police are not doing everything they can to rail-road innocent men, as evidence by the obvious fact that rape kits are left unprocessed lacking some compelling justification for the expenditure.
slwerner,
Wouldn't though, the lack of testing, be a possibility IF law enforcement was trying to railroad an innocent man? It seems that not testing would support the claim that innocents are being targeted.
E Steven B - "Wouldn't though, the lack of testing, be a possibility IF law enforcement was trying to railroad an innocent man?"
While I cannot be in any way certain as their motivations, given that rape kits are done in the belief that an assault has occurred, and that there might be DNA evidence to be recovered that would identify the culprit.
Thus, I think it would be more likely that if LE were simply dead-set on catching rapists, then they would be motivated to get the kits tested ASAP in the belief that do so would provide inculpatory evidence.
I'd rather doubt that the choice to NOT test a given kit is based on a concern that the DNA evidence will be exculpatory towards a targeted suspect. If that were the case, then Nifong would have "sat" on Mangum's rape kit rather than having it tested in an expedited manner (having done so, he and the lab director - whose name escapes me - had to conspire to try to conceal the results in order to keep the cases against the falsely accused going until after the election).
In fact, we typically see that in high-profile cases, the DNA tests are usually done quite quickly. Ben Roethlisberger's case is an example of such. The GBI, looking to make a case against Ben had the testing done quickly - only to find that the lack of DNA evidence also indicated a lack of sex, thus a lack of the alleged crime).
Again, not knowing what is actually going on in the decision making process of deciding which kit's will be tested, which expedited, and which "shelved"; I left to consider that some logical tests are being applied, with some subjective consideration of which might actually be useful, and which are likely to be meaningless (and thus not worth the costs).
The point (to Arod99k) was that, if LE was truly Hell-bent on "getting" someone to railroad, then they'd likely be testing each and every kit, ASAP. That they aren't indicates to me that they simply don't believe many claims right off the bat.
The separatist movement started by feminists decades ago is working.
Otherwise, this blog wouldn't even need to exist.
To young women, falsifying a rape is seen as empowerment and a right.
if LE was truly Hell-bent on "getting" someone to railroad, then they'd likely be testing each and every kit, ASAP.
I guess this is the part that I'm getting confused on. If they want to railroad someone, wouldn't they be more likely NOT to test the kits, if the majority of those kits tested are showing that the person they are trying to railroad, doesn't match the DNA.
I would think that it would be just the opposite. They wouldn't want to test, since there is a very good possibility that the kit would prove they had the wrong person (I must admit, I don't know what the percentage of tested kits end up excluding the primary (only?) suspect). Wouldn't it be easier to railroad someone if you don't test?
You can count on Law Enforcement to.
1. Have you arrested with little or no evidence.
2. To add as many charges as possible so that you wont get out on bail.
3. They will use trickery to get you to confess.
4. Disregard or ignore exculpatory evidence.
5. They will give thousands of dollars to the False Rape accuser to keep them from changing there story.
6. Make your name public for all the world to see, while your False Rape accuser gets a free pass.
7. District Attorneys who only care about rape numbers, and statistics.
8. The DA will never admit maleficence.
9. Prosecutors are media seeking, revenue generating industrialist.
The land of the free it is not, but rather the land of the 3 million imprisoned. The US has 5% of the worlds population but has 25% of the world prison population.
Could you imagine a prosecutor handing over exculpatory evidence to the defense, which by the way the law prescribes. Never going to happen Slwerner.
In a criminal prosecution is not that it shall win a case, but that justice shall be done.
"Thus, I think it would be more likely that if LE were simply dead-set on catching rapists, then they would be motivated to get the kits tested ASAP in the belief that do so would provide inculpatory evidence."
Maybe, but you seem to be confusing the issues somewhat. If LE were interested in catching rapists who are actually guilty, they may well have an interest in testing as many kits as possible in order to obtain potential evidence of guilt. But if LE is simply interested in railroading as many men as possible without concern for potential innocence, they might be reluctant to carry out tests that have a high chance of providing evidence beneficial for the defense rather than the prosecution.
"I would think that it would be just the opposite. They wouldn't want to test, since there is a very good possibility that the kit would prove they had the wrong person (I must admit, I don't know what the percentage of tested kits end up excluding the primary (only?) suspect). Wouldn't it be easier to railroad someone if you don't test?"
Wouldn't it be easy enough for the defense to demand that the tests are done?
It's my understanding that these unprocessed kits are the result of being shelved after the case has been dropped.
E. Steven Berkimer - "I guess this is the part that I'm getting confused on. If they want to railroad someone, wouldn't they be more likely NOT to test the kits, if the majority of those kits tested are showing that the person they are trying to railroad, doesn't match the DNA."
Nick S. - "But if LE is simply interested in railroading as many men as possible without concern for potential innocence, they might be reluctant to carry out tests that have a high chance of providing evidence beneficial for the defense rather than the prosecution."
The problem with this is that it presupposes that LE has a good idea that the man they're targeting is actually innocent. Now, while that may happen in some cases, I doubt it's any where near the norm.
In those cases of FRA’s, there are two alternate scenarios which are much more likely to be occurring:
One is that a woman using an FRA for an alibi for illicit activities does NOT name a perp, and LE would process the kit to try to get a DNA match via CODUS. This is why I specifically brought up the earlier account of the women who did just that, only to have her lover identified as her rapist due subsequently committing another, unrelated crime.
Secondly, in those cases where a woman does falsely name an attacker, it is often he case that there was sex – albeit consensual – and processing the kit will only show what the alleged rapist already stipulated to – that he had sex with the accuser. This is why I also brought up Ben Roethlisberger’s situation. There, despite the local police quickly determining that no rape occured, the GBI was intent on building a case and railroading Ben (You don’t send in 20+ special agents unless your Hell-bent on try to make a case). They didn’t stop to ponder that testing the DNA would prove exculpatory. No, their thinking was that they WOULD find DNA evidence to prove Ben had had sex with her.
We can also look back to the Kobe Bryant case. There, Bryant stipulated to the sex, saying it had been consensual. Still, because the chances of a successful prosecution where, even back then, increasingly dependent on the DNA evidence, her kit was processed. Of course, you’ll remember what that revealed – 3 other men’s semen from recent sexual encounters. As one9s) who follow the issue of FRA’s closely, you’ll no doubt also remember that, at that point, the DA planned to drop the case against Bryant, realizing that the DNA evidence (properly discovered to the defense) would effectively bypass the rape shield laws, and reveal her fro the indiscriminant skank that she was. It would not have been clear and convincing evidence that Bryant had forced her into sex, but it would have created more than enough “reasonable doubt” that there was little chance of conviction. Had Kobe not bowed to public and press pressure, and “caved” civilly, it would be more likely be widely remembered that he was cleared of rape, rather than the lingering belief on many that “he must have done it”.
Now, of course, what you two guy’s are saying makes sense, but only in those cases where LE first suspects that the kit will prove exculpatory. There is no way of knowing, but I’d venture that most of those “shelved” rape kits are for cases that have been, likewise, “shelved”. If the investigation were ongoing, and there was an intent to build a case, NOT processing the kit would leave the defense the perfect opportunity to use that decision to effectively nullify anything the prosecution might do. Despite recent inanities being bandied about this forum, rape convictions at trial remain a lower percentage that what is seen for most criminal cases. And, anymore, having to try to explain why a rape kit wasn’t run, and DNA evidence is not being presented, will doom most any rape prosecution.
E. Steven Berkimer - "I guess this is the part that I'm getting confused on. If they want to railroad someone, wouldn't they be more likely NOT to test the kits, if the majority of those kits tested are showing that the person they are trying to railroad, doesn't match the DNA."
Nick S. - "But if LE is simply interested in railroading as many men as possible without concern for potential innocence, they might be reluctant to carry out tests that have a high chance of providing evidence beneficial for the defense rather than the prosecution."
The problem with this is that it presupposes that LE has a good idea that the man they're targeting is actually innocent. Now, while that may happen in some cases, I doubt it's any where near the norm.
In those cases of FRA’s, there are two alternate scenarios which are much more likely to be occurring:
One is that a woman using an FRA for an alibi for illicit activities does NOT name a perp, and LE would process the kit to try to get a DNA match via CODUS. This is why I specifically brought up the earlier account of the women who did just that, only to have her lover identified as her rapist due subsequently committing another, unrelated crime.
Secondly, in those cases where a woman does falsely name an attacker, it is often he case that there was sex – albeit consensual – and processing the kit will only show what the alleged rapist already stipulated to – that he had sex with the accuser. This is why I also brought up Ben Roethlisberger’s situation. There, despite the local police quickly determining that no rape occured, the GBI was intent on building a case and railroading Ben (You don’t send in 20+ special agents unless your Hell-bent on try to make a case). They didn’t stop to ponder that testing the DNA would prove exculpatory. No, their thinking was that they WOULD find DNA evidence to prove Ben had had sex with her.
We can also look back to the Kobe Bryant case. There, Bryant stipulated to the sex, saying it had been consensual. Still, because the chances of a successful prosecution where, even back then, increasingly dependent on the DNA evidence, her kit was processed. Of course, you’ll remember what that revealed – 3 other men’s semen from recent sexual encounters. As one9s) who follow the issue of FRA’s closely, you’ll no doubt also remember that, at that point, the DA planned to drop the case against Bryant, realizing that the DNA evidence (properly discovered to the defense) would effectively bypass the rape shield laws, and reveal her fro the indiscriminant skank that she was. It would not have been clear and convincing evidence that Bryant had forced her into sex, but it would have created more than enough “reasonable doubt” that there was little chance of conviction. Had Kobe not bowed to public and press pressure, and “caved” civilly, it would be more likely be widely remembered that he was cleared of rape, rather than the lingering belief on many that “he must have done it”.
Now, of course, what you two guy’s are saying makes sense, but only in those cases where LE first suspects that the kit will prove exculpatory. There is no way of knowing, but I’d venture that most of those “shelved” rape kits are for cases that have been, likewise, “shelved”. If the investigation were ongoing, and there was an intent to build a case, NOT processing the kit would leave the defense the perfect opportunity to use that decision to effectively nullify anything the prosecution might do. Despite recent inanities being bandied about this forum, rape convictions at trial remain a lower percentage that what is seen for most criminal cases. And, anymore, having to try to explain why a rape kit wasn’t run, and DNA evidence is not being presented, will doom most any rape prosecution.
Archivist and Mr. SlWerner. Ithink you should check this out and excercise your impeccable expertise.
http://www.the-spearhead.com/2010/10/06/equal-protection-under-the-law/
and possibly here;
http://manboobz.blogspot.com/2010/10/quote-of-day-2-wham-bam-no-thank-you.html
I found some of the comments made by non feminist women concerning what they consider to constitute the differences between consensual sex and rape refreshing.
Anonymous - "I think you should check this out..."
I've seen the Spearhead one. Una Salus Victus did a rather good job of documenting the changes in rape laws. And, as a pre-law college student, at that. He certainly looks to have a bright future ahead.
Anonymous "I found some of the comments made by non feminist women..."
Alte (previously known as Black & German, and who has at times posted under her real name Vanessa, can usually be counted on for a good non-feminist female perspective on issues.
I thought this particular one was interesting: Alte October 6, 2010 at 15:01
But, not as revealing as this one: Alte October 6, 2010 at 16:08
"Women don’t act horrified of rape because they’re actually horrified. They act horrified because they are expected to act horrified, and they know they can use “rape” as a weapon to beat Average Joe. It is mostly men who freak out about rape. Women don’t really even think about it that much, except when bitching about men."
"The problem with this is that it presupposes that LE has a good idea that the man they're targeting is actually innocent. Now, while that may happen in some cases, I doubt it's any where near the norm." - Slwerner
I don't think anyone is presupposing anything. I am not suggesting (and I doubt that Steve is either) that this is conclusive evidence that LE is trying to railroad innocent men. All we are suggesting is that it is just as likely, if not more so, that this is consistent with the possibility that LE is unconcerned with falsely accused men as the alternative. But it is still weak, circumstantial, uncertain, speculative, evidence. It doesn't conclusively prove anything either way.
Most of us here are not trying to prove anything over this. You raised this issue specifically and argued that it is more likely consistent with LE not believing false allegations. It is your case to prove. No-one is trying to conclusively prove the exact opposite. All we are saying is that, though the evidence is weak, it is just as likely consistent with the opposite case as not.
Nick S - "Most of us here are not trying to prove anything over this. You raised this issue specifically and argued that it is more likely consistent with LE not believing false allegations. It is your case to prove."
Well, then perhaps some evidence is in order. A few select, yet telling quotes from
Rape Kits Data, By the Numbers
"The Baltimore Police Department says they have no way to estimate how many untested kits are in storage. Lab director Francis Chiafari says the reasons for not testing kits include: “Non-probative evidence/cases, uncooperative victim, false statements resulting in unfounding, detective not requesting processing for investigative reasons, reclassification of the type of crime…”"
"John Roach, a spokesman for the Detroit Police Department, says there are really about 7,000 kits in storage with an estimated 5,800 kits that are untested. He attributes this to cases where there is a known alleged assailant, no charges being pressed, a guilty plea or insufficient evidence to proceed."
"At the Albuquerque Police Department lab there are 1,116 rape kits from active cases that have not been tested that are up to nine years old. These kits have not been tested for the following reasons, according to department spokesman Paul Feist: the suspect pled guilty and the kit wasn't needed; charges were dropped; or the victim changed her mind and did not want to prosecute."
"A Houston Police Department spokesman told CBS the kits have not been tested because the kits are taken from victims where the identity of the suspect is not in question, where the department is not pursuing prosecution or the kits are provided by victims who later recanted."
I don't disagree with you, per se, SL (hope you don't mind if I abbreviate), but would you really expect the police to come out and say:
"Hey, look, we just didn't really feel like putting much effort into seeing if we had the right person."
I say that, partially, tongue in cheek. I agree with what you have said, for the most part, but if you really wanted to railroad an innocent person, ignoring evidence that may conclusively prove that innocence, or actively hiding it, could go a long way towards that.
Duke and what Nifong did with the DNA evidence helps that assertion. And in quite a few of the cases we read and hear about of innocent men being freed years/decades after they are sent to prison, almost all of them have one thing in common (other than the sick idea of an innocent person in jail for years/decades):
Law enforcement or the prosecutors office withheld evidence, or failed to follow up on information/evidence that the person could not have committed the crime.
I don't think it is a conspiracy, as some would claim, but I also think there are many, many instances, where this happens. When there are goals/numbers that police and prosecutors are trying to maintain, so as to appear tough on crime (for political reasons/advancement/etc.), I think that is a recipe for innocent people being railroaded by LE. And failing to test rape kits, would go a long way toward explaining how we see so many innocent men being freed from jail in the last couple of years (that said with the caveat, that a lot of those individuals being freed, were convicted before DNA testing was readily available).
Yes, I think that police get it right, most of the time. This site wouldn't exist if they didn't.
AfOR,
"It is difficult to get a man to understand something, when his salary depends upon his not understanding it!"
--Upton Sinclair
this is essentially the argument made by Scott et al on here.
he has a point.
I don't know if he does. If the police are manufacturing statistics, as he states, to get funding, then how would law enforcement not understand what they are doing. Manufacturing for a specific purpose (funding), means you understand the purpose of the stats.
And SLWerner has provided, several times, the links to the proof, that there is no link.
If there is a lack of understanding, by LE, when it comes to application of the law, then those individuals shouldn't be in LE to begin with.
As you, of all people know, we are talking peoples lives here. Yes, there are some that are intentionally obtuse, but for all our sakes, I don't think it is anywhere near a majority.
E Steven B - "if you really wanted to railroad an innocent person, ignoring evidence that may conclusively prove that innocence, or actively hiding it, could go a long way towards that."
I do understand what you're getting at, and it would have been an effective approach a decade ago.
But, now, there are two things that would render it ineffective, or even ensure an acquittal (if not a Judgment of Acquittal from the bench).
First, as I mentioned before, where a effort has been made to try to collect DNA evidence, juries EXPECT to hear the results, or at least an explanation as to why there is no usable evidence being presented. If a kit were to be left untested, unless a guy is being represented by his cousin Vinny, the defense is going to have a field day - suggesting that the scenario you've described is at play, and an effort is being made to hide exculpatory evidence. It's hard enough for a prosecutor to get a conviction in a rape trial with solid inculpatory evidence, including DNA. Having it appear as though they are hiding something is a virtually guaranteed losing proposition.
Secondly, if a person accused is adamant that he didn't have sex with an accuser, his defense can have the kit processed themselves.
Had the GBI not done the testing themselves in their effort to railroad Roethlisberger, he would have been well advised to insist on the testing, knowing that he hadn't had sex with her.
What is all too often he case is that the accused has had sex with the accuser, and expects that his DNA will be found. Either he, nor LE has any knowable incentive to spend the money to find what they already know. Yet, as became clear in Kobe Bryant's case, even if the accused DNA is found, other DNA might be found as well, which can be used to suggest an "alternate suspect" in order to by-pass rape shield prohibitions against the prior sex acts being revealed to a jury.
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