In the 2022 session, we rebuilt our website endthebacklog.org, wrote an academic book chapter and “The State of the Backlog” report, while successfully advocating for rape kit reform across the country. “The State of the Backlog” report provides a birds-eye view of rape kit reform field, focusing on what we have started, where we have been, and where we are headed. It provides not only our wins, but lessons learned and what still needs to be done in order to make more progress in eliminating the backlog of untested rape kits nationwide.
Sexual Assault Kits and Reforming the Response to Rape, a book by Prof. Rachel E. Lovell and Prof. Jennifer Langhinrichsen-Rohling, was published on November 11, 2022. Our chapter, Eliminating the Rape Kit Backlog: Federal and State Legislative Responses, focuses on the history of rape kit reform, the origin of the six pillar approach, legislative trends, and the future of rape kit reform. This was a great opportunity to contribute what we know to the criminal justice field.
This year, legislators introduced 29 bills in 17 states to achieve one or more of Joyful Heart’s six pillars of legislative reform to count, test, and track rape kits, and grant rights to survivors. Ten of these bills passed in nine states, extending access to justice and healing for more than 41,000 survivors of reported sexual assault and 100 million Americans.
In addition, Michigan, Vermont, and West Virginia announced ending their backlog through non-legislative efforts, joining 16 other states and Washington, D.C. There are 17 other states that continue testing their backlogged kits. Statewide rape kit tracking systems went live in New Hampshire, Missouri, and Vermont. Nebraska released its first inventory report, which yielded 2,125 untested kits. As part of our advocacy efforts, we sent letters of support for 11 bills and provided written and oral testimony via phone or video conference for three bills. Our supporters contacted their legislators hundreds of times in New York for the statewide tracking system bill, S7867, and used social media to engage the general public on the rape kit backlog. We are grateful to our community for being such active actors in our advocacy work.
Kansas and Rhode Island achieved their first legislative reform
In 2022, Kansas and Rhode Island passed their first legislative pillars! HB2228, a carry-over forward testing bill from last year moved through the Senate and was enacted into law on April 7th, granting Kansas its first legislative pillar. Our two years of advocacy work in Rhode Island also paid off. House floor manager Rep. Edwards’ bill HB7079 grants four out of six pillars of reform to the state, and was signed into law on June 29th. With this bill, the state moved from the list of zero-pillar states, and now has the inventory, forward testing, backlog testing, and victims’ rights pillars.
- In Alaska, the lab testing timelines bill (HB5) carried over from last session, was signed into law after 11 hearings. This law ensures all newly collected kits are tested within 6-months of collection, instead of one year.
- California passed bills to clarify victims’ access to the state tracking system (SB916), to protect victims’ DNA from being used as evidence in other cases (SB1228), and to eliminate statute of limitations until child abuse is discovered by law enforcement (AB2274).
- The Missouri legislature passed SB775, a bill that grants survivors the right to receive complete incident reports and notification about the tracking system, laying the groundwork for a more comprehensive bill next year. The state allocated $4,500,000 for crime labs sexual assault kit testing.
- Through our implementation efforts last year, we learned that New York state has not taken any steps to establish a tracking system. This year, we worked with with Sen. Alessandra Biaggi to draft and enact S7867, a bill that requires the state to establish a rape kit tracking system. We continued our support for the Adult Survivors’ Act, S66A, in its second year, giving adult survivors a year-long window to open civil court cases.
- Connecticut, Illinois, and Michigan signed bills to provide ongoing funding for rape kit reform, allocating $1,348,010, $55,300, and $1,834,500 respectively.
Maine and Mississippi are the only states that have not achieved any rape kit reforms. In the 2023 session, we are looking forward to ending the backlog in more states, achieving comprehensive rape kit reform in all 50 states, and improving victim compensation policies and statute of limitation laws. We are grateful for the support and active engagement of our partners and community!