Kelly Binder's rape kit hasn't been tested despite inspiring new law

Categories: Media, News

Photos, videos below.
Last November, Kelly Binder went public with her claims of being drugged and raped at a downtown Denver hotel in late 2010 in part because she was upset that her rape kit had never been tested after prosecutors declined to file charges in the case.

The story helped inspire legislation requiring that all rape kits be tested -- and Governor John Hickenlooper signed it into law last month. Nonetheless, Binder's rape kit still hasn't been put into the system, and local authorities say there are no plans to do so.

In conversation, Binder, a married mother of two children who has chosen to make her name and image public, goes into incredible, and graphic, detail, about the December 2010 incident.

Binder says she met an old friend at a downtown bar, where she drank a beer given to her by an unknown man and soon began to feel strange; she believes it contained some kind of drug, although she says a subsequent blood draw didn't test for such a substance. Next thing she knew, she was in a bathroom kissing another man, whom she describes as a military affiliate in town for a conference. She says he pulled her out of the bar (she later learned they'd been tossed out for their bathroom behavior), separated her from her friend, and half-carried her to his hotel (she was so out of it that she fell numerous times en route). Inside his room, she says he brutally raped her, albeit without ejaculating.

A rape kit screen capture.
Afterward, Binder called her husband and then reported the matter to the police, unwittingly beginning what she characterizes as many hours of poor treatment and humiliation. She's especially aggravated that no advocate was assigned to assist her -- and this frustration was amplified when, weeks later, authorities declined to bring charges against the man or process the rape kit that had been completed the day after the alleged attack.

This last decision was the focus of a 7News report by Keli Rabon revealing that not all rape kits are processed, with the station maintaining that 44 percent of those collected in Denver since 2008 had never been put into the system. As a result, DNA from possible perpetrators would not surface as a match if the man committed another sexual assault in the future.

The situation helped inspire House Bill 13-1020, legislation requiring the testing of all rape kits (see clarification below). Sponsored by Representative Frank McNulty, the bill passed with bipartisan support and was signed into law by Governor Hickenlooper in early June. But when Binder called us, she had received no information that her rape kit has been or will be processed.

Continue to read more about Kelly Binder and rape kits, including a photo and two videos.

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"As a result, DNA from possible perpetrators would not surface as a match if the man committed another sexual assault in the future."

We absolutely should not keep innocent persons DNA profiles in a database! Why would anyone think this ok? We all know too well, that false accusations, specifically false rape claims, are very common.

Obviously the detectives decision to not charge the "perpetrator" was for good reason. Since when did society start invading peoples privacy in order to feel safe? If someone accused me of any crime and the police find no wrong doing,why should my DNA profile be stored and be called a "possible perpetrator" AFTER I been cleared? This whole story sounds fishy. Maybe a false reporting charge is due.....for the "victim."

"It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished.... when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, 'it is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever"

-Sir William Blackstone


@CloudGang So your position is, dna should not be tested until after the conviction? And how would any conviction occur without testing? Rapists must love you.

michael.roberts moderator editortopcommenter

@CloudGang Passionate post, CloudGang. We're going to make it an upcoming Comment of the Day. Thanks for weighing in.

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