Open Records Request Process

Open record request laws are one of the most powerful tools we have to uncover the backlog in local jurisdictions. With help from our team of pro bono attorneys, we have developed a list of questions we submit to these cities and counties, which we call accountability targets.

  • the number of rape kits collected and booked into police evidence since 2000
  • the number of rape kits that have been processed by a public or private crime or forensic laboratory since 2000
  • the number of unprocessed rape kits in any storage facilities currently under the department’s jurisdiction and control
  • any documentation providing the reason(s) unprocessed kits were not processed
  • the number of rape kits destroyed or lost
  • any written policies or procedures regarding department practices on the handling of rape kit evidence, including testing protocols

The attorneys then research the state’s public records laws that apply to the accountability targets. Every state has a public records (or freedom of information) law that allows members of the public to obtain documents and other records from state and local government entities, with certain exceptions. Citing these laws, our attorneys draft letters with our questions to the relevant law enforcement agency in each city.

In some cases, the legal team is able to identify and get in touch with a contact person at a city’s law enforcement agency who can answer some of our questions or direct our request to the appropriate department or individual. In other cities, the team simply sends a letter to the address designated for public records requests, as indicated on the agency’s website.

Some agencies in the past have responded immediately to confirm they are working to gather the information we requested. Several agencies requested extensions. Others responded that they could not provide the information requested because they do not track rape kit data.

After receiving responses from each city, Joyful Heart reaches out to major stakeholders in the community, including state sexual assault coalitions, lab personnel, local rape crisis centers, police departments, and prosecutors’ offices to discuss findings and provide support in formulating a plan for rape kit reform.

We encourage you to explore the backlog map and to check back frequently for additional information.