Convicted Man in 1991 Rape Case Following DNA Evidence Presentation to Jury
Unsolved Rapes from the Past, Solved Through DNA Evidence
In a series of groundbreaking developments, DNA evidence that had remained untested for decades has led to the conviction of several men accused of raping women in Albuquerque, New Mexico, in the 1980s and 1990s.
In 1994, Gilbert Contreras, 58, was convicted for the attack of a woman jogging in the bosque and raping her. However, the victim passed away in 2013, before her rape kit was matched to Contreras in 2022. Contreras is currently serving a life sentence in prison.
Another man involved in the attack has not been identified.
Fast forward to 1991, Brian Rascon was found guilty of raping a woman during a home-invasion robbery. Rascon, along with several masked, armed men, broke into the victim's home searching for drugs and money. Rascon was convicted of three counts of first-degree criminal sexual penetration with a firearm enhancement. Rascon faces up to 57 years in prison at a sentencing hearing scheduled for October 29.
Rascon's case is one of many that have been reopened due to the testing of rape kits. In 2016, an audit found that New Mexico had 5,302 untested rape kits dating back to the 1980s. Two scientific laboratories began testing these kits in 2019, leading to multiple arrests and convictions. Rascon's identification through DNA was a result of testing in 2020.
The use of DNA evidence in rape convictions and exonerations is well documented in other jurisdictions. While DNA evidence may not always be decisive, particularly when consent is disputed, it has proven to be a valuable tool in solving cold cases.
However, the preservation, testing, and interpretation of DNA evidence in sexual assault cases remain ongoing concerns. Destruction or non-testing of DNA evidence has been a significant issue nationally, with many states destroying biological evidence from thousands of rape and murder cases over the last decade. Although not specific to New Mexico, this national trend highlights challenges that may also affect historical cases in the state.
In a high-profile New Mexico rape case from 2023 involving former firefighters, acquittals were handed down despite contested testimonies and the presence of DNA evidence, which was deemed irrelevant because consensual sex was admitted by the defendants. This case illustrates complex issues in sexual assault trials where DNA evidence may not always be decisive.
As the state continues to test and re-examine rape kits, more convictions and exonerations are expected. Official state criminal justice or forensic laboratory reports, legal case archives, or local news sources would be the best next steps for up-to-date information on these developments.
- The re-testing of rape kits dating back to the 1980s has led to the reopening of many sexual assault cases, such as the case of Brian Rascon, who was convicted for a 1991 home-invasion robbery and rape, thanks to forensic science.
- Aside from the progress in sexual assault cases, ongoing concerns include the preservation, testing, and interpretation of DNA evidence, with instances of destruction or non-testing of evidence being a significant issue nationwide.
- General-news outlets and local news sources may provide up-to-date information about the developments in DNA evidence use in sexual assault cases, including convictions, exonerations, and court rulings, demonstrating the value and challenges of using this tool in sex crime investigations.
