Hundreds of rape kits used to help police gather evidence are gathering dust in hospitals – allowing many rapists to escape justice.
These kits – officially named sexual assault kits – which contain swabs of semen and blood and other evidence needed for forensic DNA tests, lie uncollected in state and private hospitals. This results in delays in court cases, and a lack of investigation in rape cases.
An investigation by The Star found that:
l In some cases, the police collect the kits but never submit them for forensic tests;
l Kits at one hospital had not been collected for four years;
l At Chris Hani-Baragwanath Academic Hospital, nurses say they have so many kits, they have no more storage space. Some of the kits date back to 2000;
l A forensic expert says the quality of forensic tests may be negatively affected if they are not analysed within 72 hours,
l An employee at the Pretoria Forensic Laboratory described the problem of uncollected kits as a “national tragedy”.
In April, two female police officers were arrested in Loate near Soshanguve, Tshwane, after they were found in possession of 126 stolen rape files and evidence kits.
Sources at one of Joburg’s biggest private hospitals decried how they have constantly had to phone the police, reminding them to collect the kits.
“There were lots and lots of rape kits that were not collected. Some dated as far back as three or four years,” said one source.
The hospital, which may not be named to protect the sources, serves areas such as Sandton, Midrand and Alexandra. It also serves parts of Ekurhuleni, including Edenvale, Kempton Park and Tembisa.
Rape victims are referred to this hospital because of backlogs at state hospitals.
“We just have to keep phoning the police because they don’t come of their own accord,” she said.
Police also regularly lose forms with details of rape survivors’ injuries, meant to be used as evidence in court.
“Often, police would come with a file (docket) and say ‘I have lost the J88’ and I’m asking for a duplicate’,” she said, adding that it was worse in cases involving children.
“The police would just come and take a statement and go. No follow-ups. We are seeing more and more children raped by other children. It’s appalling,” she said.
The situation is just a grim at the Nthabiseng Thuthuzela Care Centre at Bara.
“Our cupboards are so full, we don’t have any space. We are even thinking of taking the rape kits to the police stations where their cases were reported from. It’s sad because the police are failing victims,” said a source at the centre.
A doctor at the Medico-Legal Clinic in Hillbrow, Richard Lebethe, said the situation had improved only after a forum was recently formed to tackle the problem.
“It (the non-collection of rape kits) used to be huge. It’s much better now,” Lebethe said.
An employee at the Pretoria Forensic Laboratory agreed there were serious delays in the submission of rape kits.
“The police must collect the kits once the doctors have finished treating the patients. But I do know that at times when police clear their offices, they would discover boxes of rape kits,” she said.
Lisa Vetten, senior researcher and policy analyst at the Tshwaranang Legal Advocacy Centre, said she was not surprised. “This has been a long-standing problem. It’s a complete travesty for somebody to be denied justice in court because the police couldn’t bother to fetch their crime kits.”
She added that the problem could have worsened with the closure of the child protection units and specialised crime courts.
People Opposed to Women Abuse executive director Nhlanhla Mokwena said: “A lot more survivors prefer not to report because they feel raped again by the criminal justice system.”
Hawks spokesman McIntosh Polela admitted there was a problem in the collection and submission of rape kits for forensic tests.
“The provinces have appointed people to visit medical laboratories to ensure that all exhibits are analysed and collected,” he said.