Maryland Law Extends DNA Evidence Storage to 75 Years, Protecting Survivors of Sexual Violence
Maryland has implemented a new law that extends the storage of DNA evidence from sexual assault exams to 75 years, providing crucial protection for survivors of sexual violence. Previously, evidence from such exams was required to be stored for only 20 years. The law, which went into effect on October 1, also mandates the transfer of microscope slides containing DNA evidence to law enforcement agencies for testing.
The push for this legislation was inspired by the foresight of the late Dr. Rudiger Breitenecker, a forensic pathologist who worked at the Greater Baltimore Medical Center (GBMC) during the 1970s to the 1990s. Dr. Breitenecker collected physical evidence from incidents of sexual violence on microscope slides long before DNA profiling became standardized through Sexual Assault Forensic Exam (SAFE) kits.
State Senator Shelly Hettleman, the sponsor of the legislation, emphasized that this law ensures that the microscope slides are treated with the same importance and protections as modern-day rape kits. By preventing the disposal of these slides and requiring their transfer to law enforcement, the law aims to ensure that they can be tested and utilized in investigations.
To facilitate the transfer of the microscope slides, the Baltimore County Police Department is collaborating with GBMC on a comprehensive plan. Currently, an ongoing process of cataloging the evidence is underway, including determining the number of slides per case. This data will be instrumental in securing funds for testing the remaining slides and identifying a forensic lab capable of handling the workload.
However, the process of testing these slides is a painstaking and complex one. Cpt. Brian Edwards of the Baltimore County Police Department explained that the results need to be 100 percent accurate to stand up in court, requiring extensive work by forensic labs and detectives to interpret the findings. Despite these challenges, utilizing evidence from microscope slides has yielded positive outcomes. Recently, slides helped link a suspected serial rapist to five attacks that occurred in Cockeysville between 1978 and 1986.
It is important to note that currently, the microscope slides are considered medical records by the hospital, and the police department has accessed the evidence through a subpoena process. Moving forward, all evidence from sexual assault exams will enjoy increased protection under the new law.
For survivors of sexual violence who believe that they may have relevant evidence connected to the slide collection at GBMC, the Baltimore County Police Department encourages them to reach out to the department or the appropriate victim’s advocate.
This new legislation in Maryland symbolizes a crucial step forward in prioritizing the rights and safety of survivors of sexual violence. By extending the storage period of DNA evidence and ensuring its transfer to law enforcement, the law strengthens the ability to investigate and prosecute perpetrators. Maryland is setting an example for other states to follow, emphasizing the importance of preserving and utilizing all available evidence to support survivors and bring justice to those who commit sexual crimes.
