The Debbie Smith Act

Dear Friends of H-E-A-R-T,

Spring is definitely in the air!  The earth is full of new and refreshed life!   I am so encouraged and like to use this time of year to renew my commitments, take a look at past accomplishments and to look to the future.  Thanks to all of you who work tirelessly with victims of sexual assault we can look to the future with great hope. This is a work that is never finished but makes a huge difference in the lives you touch.

Thanks to the efforts of Bode Technology of the United States and Inqaba Biotec of South Africa we were given the opportunity to share H-E-A-R-T’s mission to further the use of DNA.  We made lots of new friends and heard beautiful stories of survivorship under some of the most horrendous conditions.  Our message was well received and may bring other opportunities for work in the foreign field.  Thank you, Bode and Inqaba, for coming together to create an event for the benefit of victims.

We are still working on our new tennis fundraiser which is set for May 22, 2010.  Please pass the word if you know anyone who plays tennis.  It is a great opportunity to do something you like and make a difference in the lives of victims of sexual assault.  We cannot thank Jean Cheek enough for her leadership in this event.

I read an article recently in the Crime Lab Report that started in bold letters, “DNA fixation is harmful to justice system and offensive to crime victims.”  The article goes on to speak about how the other sciences were able to solve some crimes that DNA failed to solve.  Just to make sure everyone understands, as a crime victim I want everything available to make sure justice is served to victims.  The other sciences in my case such as fingerprints and hair analysis were not significant enough to convict my rapist.  DNA was what brought me justice and I will continue to fight to get the backlogged cases off the shelf that have sat for years because these other sciences could not render justice and DNA may be their answer.  That being said, I believe we should use all the science we have available and that they should all be used to their fullest, but what I have fought for is the chance for justice in cases where the other sciences have failed.

I hope that you will all take time to enjoy the natural beauty the spring brings and that you will understand as you look at the new life around you that that is exactly what your work brings to victims lives.

From my heart,

Debbie Smith

For more information about The Debbie Smith Act, visit the website of Congresswoman Carolyn B. Maloney at http://www.house.gov/maloney/issues/DebbieSmith/

On March 3,1989, Debbie Smith was kidnapped from her home while her husband, a police officer, was sleeping upstairs. She was dragged into the woods behind her Williamsburg , Virginia home and raped. The rapist threatened Debbie not to tell, and reminded her that he knew where she lived. Bravely, Debbie went forward and told her husband Robert of the assault. The rape was officially reported and she consented to a forensic exam.

After the sexual assault, Debbie feared that her unknown attacker would return to further harm her or her family. This fear was paralyzing. During the first few years following this attack, Debbie was suicidal. Only the fear of her family finding her body prevented her from following this thought through. Some days, she and Robert drove around Williamsburg looking at homes because Debbie wanted to move. Other days she felt furious at her attacker for the effect he had on her and her family. On those days, she refused to move.

The traumatic effect of the assault remained with Debbie and her family for six and ½ years, and then her perpetrator was finally caught through a DNA database known as CODIS (Combined DNA Index System). The man who sexually assaulted her had abducted and robbed two other women. Their attacker was identified through an ATM photo where he made them take out their money. When his DNA was put into the system there was a match. Debbie’s attacker was convicted of rape, abduction, robbery, burglary and larceny. He was sentenced to two life terms plus 25 years in prison.

Because of the suffering Debbie and countless other victims of sexual assault have faced, legislation has been passed to improve investigations and services for this crime.  The Debbie Smith Act, now part of the Justice For All Act of 2004, was signed into law on October 30, 2004.  For a complete look at this law, see the web site noted above. 

Debbie Smith travels around the country with her husband Robert to talk about her experience. Her purposes for talking about the attack are to help in her healing and to be a voice for the many women who have not been able to speak out. They would like to take away the stigma that comes with rape that puts the blame back on the victim. They would also like to put rapists in jail before they have a chance to continue their rampage, as most rapists will attack between eight and twelve women.