STATEMENT FOR THE RECORD FOR MAILE M. ZAMBUTO, CHIEF EXECUTIVE OFFICER FOR THE JOYFUL HEART FOUNDATION BEFORE THE SENATE COMMITTEE ON THE JUDICIARY SUBMCOMMITTEE ON THE CONSTITUTION “Taking Sexual Assault Seriously: The Rape Kit Backlog and Human Rights” Wednesday, May 20, 2015 Chairman Cornyn, Ranking Member Durbin, and members of the Subcommittee, I want to thank you for your leadership in holding today’s hearing on the nationwide rape kit backlog, and its impact on survivors of sexual violence. I deeply appreciate your invitation to the Joyful Heart Foundation to testify before you today, and apologize that I am not able to be there in person to participate in this critical discussion. I am grateful for the opportunity to contribute my voice to those of our partners speaking to you today, as well as Joyful Heart’s Managing Director, Sarah Haacke Byrd. Each year, thousands of individuals take the step of reporting their rape to the police. And yet, hundreds of thousands of times, a decision is made not to process the evidence. Even when law enforcement does send a rape kit to the crime lab for testing, we know it can sit for months— and in some cases, years—before being tested. But this issue is not about kits of evidence. Or process. Or dusty shelves in long-forgotten storage facilities. This issue is a profoundly human one. It is about the courageous survivors who deserve all the tools at our disposal to bring about the possibility of healing and justice. We must continue on the path toward greater access to justice, to treat rape as seriously as any other crime, to test all kits, investigate cases thoroughly and pursue leads resulting from rape kit testing, and to believe survivors and honor the decision to report their sexual assault. Sarah’s testimony will highlight our partnership in Detroit, and the significant progress being made by the unbelievable Wayne County Prosecutor Kym Worthy. Already, Detroit’s initiative to test all kits has resulted in the identification of 288 potential serial rapists linked to crimes committed in 31 states and the District of Columbia. One of those kits belonged to a young mother who was raped at gunpoint in her own bed, while her two young children were sleeping next to her. Immediately following the attack, she called the police and went to the hospital, where evidence was collected from her body. In her words: “I had no choice. That was the only way I had of getting this person off the street." Her rape kit was tested—14 years later.
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And when a prosecutor finally told her they had identified her rapist, she courageously moved forward with the prosecution. Her attacker was found guilty and sentenced to up to 60 years in prison. As people align themselves with this movement, and the rape kit backlog gains visibility, policymakers are taking notice, leading to stronger public policies and more funding for testing, investigations and prosecutions. That means more funding for places like Wayne County, Memphis, Cleveland and Texas. More funding for jurisdictions to do right by survivors. More opportunities for justice to be served. We applaud the elected officials, police officers, and district attorneys that have begun this journey. We know that it is a challenging one. It takes significant political will and resources. An important choice point along this journey to reform is determining the best process for the notification and re-engagement of survivors whose rape kits were part of the backlog. As a survivor, I can tell you that there is nothing more important. The response a survivor is met with can make all the difference in their recovery from the trauma. I was sexually abused during most of my childhood, for the first time when I was five by a teacher at my school. And as a young woman, I was raped. What I carry with me, what creeps in still, is not the abuse itself, but what I was met with; the response of the community around me. Most of that response was filled with ignorance, judgment, anger, disbelief, blame, fear and even disgust. This response, and the attitudes they represent, can bring deep suffering into a survivor’s life. They also contribute to keeping these the most underfunded, underreported, under-researched, under-regarded social issues of our time. It left me filled with shame. I know I am not alone in this—that my experience echoes those of so many survivors. I know this is why at the core of my pursuit for healing is also a pursuit for change. And so it is my greatest honor and privilege to lead an organization that is a fierce agent for change. But we are not alone. We are all part of this community—elected officials, members of law enforcement, advocates, business leaders, media, educators, parents and philanthropists who have joined us in this national reform movement. This Committee and its members have a powerful opportunity to acknowledge the truth about this issue, embrace survivors, and insist on change. If you don’t think you play a vital role in this community, please hear us when we tell you that YOU DO. As a survivor, if I can communicate only one thing about your role in a survivor’s journey, it is this: never, ever underestimate your power to affect its course. We all have a role to play in ushering in change, and I so deeply encourage you to play yours. Five years ago, Joyful Heart President & Founder Mariska Hargitay testified before a House of Representatives Committee professing her outrage about the rape kit backlog. At the time,
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policymakers were just starting to learn about the depth of this issue. Today, we stand before you an active partner, guided by the lessons we have observed, emboldened by the need for greater justice, and driven by the ambition that together, we can end this violence. That healing is possible. That change is possible. That justice is possible. On behalf of all of us at Joyful Heart, I want to thank you for the privilege of providing this testimony, and sharing this opportunity to honor survivors who have made the bold choice to heal.
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