Justice Served Act of 2018

Floor Speech

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Mr. PASCRELL. Mr. Speaker, I rise today in strong support of this bipartisan piece of legislation, the Justice Served Act, H.R. 4854. As the lead Democrat sponsor of this piece of legislation and co-chair of the Congressional Law Enforcement Caucus, I want to thank Judge Carter for authoring this bill.

Currently, funding is available through the Debbie Smith Act to reduce the DNA rape kit backlog. However, these funds do not address the growing backlog in the prosecution pipeline.

Unfortunately, this backlog is occurring because resources are limited and there are not enough funds to reopen every case, even when DNA analysis has identified a suspect. That is not acceptable.

In my home State of New Jersey, we are well familiar with this issue. Due to a lack of resources and regulations, the extent of the untested rape kit backlog in New Jersey is unknown. That itself is unacceptable.

Addressing the rape kit backlog would bring justice for the many rape victims across our State and many others; victims like a 15-year-old girl who was assaulted while working at a deli in New Jersey a few years ago, and whose assaulter was finally brought to justice in 2013 using DNA evidence, but only after he assaulted another young woman.

As a result, many of the rapists going undetected are repeat offenders. Countless assaults could be prevented and trauma spared if we caught these perpetrators the first time.

And addressing the backlog can bring justice to the falsely accused as well. Last year, we learned the story of Rodney Roberts, a New Jersey man who was coerced by his own lawyer to plead guilty for the kidnapping and rape of a 17-year-old girl in 1996, despite professing his innocence.

For 10 years, Roberts appealed to have his DNA tested against the original rape kit, but prosecutors claimed it was nowhere to be found.

Eventually, the rape kit was located and the DNA evidence cleared him of all wrongdoing in 2014, after he served 10 years in jail.

There are too many incidents in which an untested rape kit is lost, prosecutors do not have resources, and innocent people are harmed.

To address this funding gap, the Justice Served Act authorizes the Debbie Smith Act to provide prosecutors with the resources and the funds to reopen, investigate, and close cold cases.

Going forward, I look forward to working with Judge Carter to ensure that the Debbie Smith Act is properly funded so we can keep our promise to survivors of sexual assault.

Mr. Speaker, I would like to thank the National District Attorneys Association, the Rape, Abuse & Incest National Network, and Debbie Smith for their support for H.R. 4854.

Mr. Speaker, I urge passage of the Justice Served Act.

Ms. JACKSON LEE.

Mr. Speaker, I thank Mr. Pascrell for making that commitment that the resources under the Debbie Smith Act will still be viable and ready to be used for those sexual assault, sexual violence victims as this legislation was intended, but a provision in the bill allows the resources to also keep in line that nothing will undermine the investigation of sexual assault cases, sexual violence cases, but it allows the hand of justice to move on further for those who are the victims of violent crimes and to ensure that perpetrators of violent crimes are prosecuted as quickly as possible, again, under the equal and balanced hand of justice.

So H.R. 4845, the Justice Served Act of 2018, provides funding to State and local prosecutors to help them tackle the backlog of violent crime cases, including cold cases, where suspects have been identified through DNA evidence.

Certainly, there may be some overlap. I want to make it very clear to our victims of sex crimes, domestic violence, and other crimes dealing with those particular issues, that these dollars are enhanced dollars to be able to do the violent crimes.

While it is important that State and local prosecutors have the resources they need, it is also important that Congress remain vigilant and continue to support efforts to clear the backlogs of untested and unanalyzed DNA evidence, including rape kits.

The backlog in many jurisdictions is enormous. This was our intent, to move forward, to provide justice to those who have suffered, some have lost their life.

So in the spirit of expanding justice to ensure that justice is for all, I rise to support this legislation in keeping with its initial purpose, to solve the backlog of DNA kits, and now to be able to assist in the solving and bringing to justice the perpetrators of violent crimes.

Mr. Speaker, I again ask my colleagues to support the underlying legislation, I thank the sponsors of it, and I yield back the balance of my time.

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