MEMPHIS, Tenn. — Sept. 2 marks one year since Eliza Fletcher was kidnapped and her body found days later. The investigation of her death resurfaced the issue of thousands of untested rape kits in Memphis as Cleotha Abston, the man facing charges in Fletcher’s abduction and death, has been identified in another rape investigation just one year prior.
So what has changed over the past year when it come to Memphis police and the Tennessee Bureau of Investigation testing rape kits?
It is an issue that surfaced in 2014 and again last year when Eliza Fletcher was kidnapped and her body found. Throughout the year, TBI has been updating us on changes made to address this issue of untested rape kits; however, on the legal side and in the fight for justice for victim, there seems to be conflicting views.
“We have had a tragedy after tragedy after tragedy in our community,” said Gary Smith of Gary K. Smith Law.
Thousands of rape survivors are seeking justice. Smith continued, “because of the inadequate funding relative to rape kit testing.”
Last week, a Shelby County judge decided the City of Memphis was not immune to a class action lawsuit brought by sexual assault survivors over more than 10,000 untested rape kits.
When it came to the case of Alicia Franklin, a survivor, it was the opposite.
“We very very very much dispute that the public immunity, public duty doctrine provides immunity in a situation where they clearly clearly were negligent in their handling of that investigation,” Smith said.
He represents Franklin who said in 2021 she was raped by Cleotha Abston — the same man who is accused in raping and killing Eliza Fletcher.
There was a delay in rape kit testing in Franklin’s case.
“It is easy to look and say 'yes, if you tested the rape kid like you should have, he should have been arrested,'" Smith said. "But he should have been arrested anyway, and he wasn’t. The big question is why. They had enough information coupled with the background.”
Fletcher’s murder put the issue of untested rape kits back in the forefront.
Since then, lawmakers approved money for TBI to hire 50 people. So far, they have hired at least 40 people.
Since the end of 2022, TBI cut their turnaround time for testing rape kits from 44 weeks to 27 weeks.
“Some band aids had been put on it, but no surgery has ever been done,” Smith said. “The answer is more funding — much more funding.”
Earlier this year, lawmakers tried pushing a bill that would get kits tested within 30 days, but the bill did not get funding in the Governor’s proposed budget.
“[The] clear consequence of that is not only do you have these victims who are not getting justice, but the rapist are allowed to stay on the street,” said Smith. “The culture of law enforcement handling of rape kits has to change. It is clear history tells us that rape and sexual assault are not treated with a degree of seriousness that crime deserves.”
Regarding the rape kit backlog case, the City of Memphis filed an appeal to the judge’s ruling to continue the class action lawsuit.
As for Franklin’s case, she also filed an appeal that is pending.